HomeMy WebLinkAbout05-09-2017 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
May 4, 2017
TO:
CPRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on May 9, 2017
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 05/09/17
• Minutes of the meeting on 03/14/17
• Minutes of the Community Forum meeting on 04/12/17
• ICPD GO#07-03 (ADM 09.1 Fiscal Management)
• ICPD GO#00-01 (LEG-04.1 Search and Seizure)
• ICPD GO#89-05 (OPS-01.1 Radio Communications Procedure)
• ICPD GO#99-01 (OPS-02.1 Police Vehicle Pursuits)
• ICPD GO#07-02 (OPS-21.1 Detainee Processing)
• ICPD GO#99-04 (OPS-07.1 Canine Operations)
• ICPD SOG#16-03 (Fire Prevention Plan)
• ICPD SOG#01-17 (Missing Persons)
• Copy of Council approved CPRB by-laws
• Office Contacts — February
• Office Contacts — March
• Office Contacts - April
• Complaint Deadlines
Other resources available:
National Association for Civilian Oversight of Law Enforcement
NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more
information see: www.NACOLE.org
COMMUNITY POLICE REVIEW BOARD
>-017 — 5:30 P.M.
HELLING CONFERENCE ROOM
410 E. Washington Street
ITEM NO. 1 CALL TO ORDER and ROLL CALL
ITEM NO. 2
CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 03/14/17
• Minutes of the meeting on 04/12/17
• ICPD GO#07-03 (ADM 09.1 Fiscal Management)
• ICPD GO#00-01 (LEG-04.1 Search and Seizure)
• ICPD GO#89-05 (OPS-01.1 Radio Communications Procedure)
• ICPD GO#99-01 (OPS-02.1 Police Vehicle Pursuits)
• ICPD GO#07-02 (OPS-21.1 Detainee Processing)
• ICPD GO#99-04 (OPS-07.1 Canine Operations)
• ICPD SOG#16-03 (Fire Prevention Plan)
• ICPD SOG#01-17 (Missing Persons)
ITEM NO. 3
NEW BUSINESS
ITEM NO. 4
OLD BUSINESS
• Community Forum Discussion
ITEM NO. 5
PUBLIC DISCUSSION
ITEM NO. 6
BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS
• June 13, 2017, 5:30 PM, Helling Conference Rm
• July 11, 2017, 5:30 PM, Helling Conference Rm
• August 8, 2017, 5:30 PM, Helling Conference Rm
• September 12, 2017, 5:30 PM, Helling Conference Rm
ITEM NO. 9 ADJOURNMENT
If you will need disability -related accommodations in order to participate in this programlevent, please contact
Kellic Fruehling at 319-356-5043, kellie-fruehling@iowa-city.org. Early requests are strongly encouraged to
allow sufficient time to meet your access needs.
FINAL/APPROVED
COMMUNITY POLICE REVIEW BOARD
MINUTES - May 9, 2017
CALL TO ORDER: Vice Chair Orville Townsend called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Monique Green, Donald King (electronically)
MEMBERS ABSENT: Mazahir Salih, Joseph Treloar
STAFF PRESENT: Kellie Fruehling and Legal Counsel Pat Ford
STAFF ABSENT:
OTHERS PRESENT. Sargent Derek Frank of the ICPD
RECOMMENDATIONS TO COUNCIL
None
CONSENT CALENDAR
Motion by King, seconded by Green, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 03/14/17
• Minutes of the meeting on 04/12/17
• ICPD GO#07-03 (ADM 09.1 Fiscal Management)
• ICPD GO#00-01 (LEG-04.1 Search and Seizure)
• ICPD GO#89-05 (OPS-01.1 Radio Communications Procedure)
• ICPD GO#99-01 (OPS-02.1 Police Vehicle Pursuits)
• ICPD GO#07-02 (OPS-21.1 Detainee Processing)
• ICPD GO#99-04 (OPS-07.1 Canine Operations)
• ICPD SOG#16-03 (Fire Prevention Plan)
• ICPD SOG#01-17 (Missing Persons)
Motion carried, 3/0, Salih and Treloar absent.
NEW BUSINESS
None.
OLD BUSINESS
Community Forum Discussion — Fruehling stated that the draft minutes from the community forum had
a draft summary and the transcriptions attached for Board review before forwarding to Council. It was
moved by King, seconded by Green to forward the draft summary to Council with no changes. Motion
carried, 3/0, Salih and Treloar absent.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
None.
STAFF INFORMATION
Fruehling noted she had included the Council approved revised by-laws in the meeting packet for
member files.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — May 9, 2017
CALL TO ORDER: Vice Chair Orville Townsend called the meeting to order at 5-30 P.M.
MEMBERS PRESENT: Monique Green, Donald King (elecfrnnirzlly)
Mazahir Salih, Joseph Treloar
Kellie Fruehling
Legal Counsel Pat Ford
OTHERS PRESENT: argent Derek Frank of the ICPD
RECOMMENDATIONS TO OUNCI
None
CONSENT CALENDAR
Motion by King, seconded by G%reen,adopt th/consent calendar as presented or amended.
• Minutes of the meeting on 03/14/17
• Minutes of the meeting on 04J12/17
• ICPD GO#07-03 (ADM 09,1 Fiscal Ma ag ment)
• ICPD G0#00-01 (LEG-04.1 Search d Sei re)
• ICPD GO#89-05 (OPS-01.1 Radio cmmunic ions Procedure)
• ICPD G0#99-01 FOPS-02.1 Poll,
Vehicle Purs 'fs)
+ ICPD G0#07-02 (CPS-Of.1 De ainee Processing)
• ICPD GO#99-04 (OPS-07.1 nine Operations)
• iCPD SOG#16-03 !Fire Pre mien Plan)
• ICPD SOG401-17 Wissin Persnnsl
Motion carried, 3/0, Salih and Treloar absent.
NEW BUSINESS
None.
OLD BUSINESS
Community Foru Discussion — Fruehling stated that the draft minute, from the community forum had
a draft summa and the transcriptions attached for Board review befor fo warding to Council. It was
moved by Kin , seconded by Green to forward the draft summary to Co al with no changes. Motion
carried, 3/0, alih and Treloar absent.
None -
None.
STAFF INFORMATION
Fruehling noted she had included the Council approved revised by-laws in the rneeting pac et for
member files.
March 14, 2017
Page 2
ADJOURNMENT
Motion for adjournment by Green, seconded by Townsend.
Motion carried, 4/0, 5alih absent.
Meeting adjourned at 5:43 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2016-2017
(Meeting Date)
TERM
4/12
4/26
5/18
5123
6/7
1117
9113
10/11
11/7
11/15
1 12/1
1/10
2/14
3/14
NAME
EXP.
5
Joseph
7/1117
NM
X
WE
X
X
X
X
X
X
X
X
X
X
X
Treloar
Mazahir
7/1117
NM
X
X
O/E
O/E
X
X
O
X
O
X
X
X
O/E
Salih
Donald
7/1/19
NM
X
X
X
X
OIE
X
O/E
O/E
0/E
O/E
O/E
O/E
X
King
Monique
711/20
---
---
---
---
---
X
X
X
X
X
X
X
X
X
Green
Orville
7/1120
---
---
---
---
---
X
X
X
X
X
X
X
X
X
Townsend
Melissa
9/1i16
NM
X
X
X
X
---
---
---
---
---
---
---
---
---
Jensen
Royceann
9/1/16
NM
X
X
X
O
---
---
---
---
---
---
---
---
---
Porter
KEY: X =
Present
O =
Absent
O/E =
Absent/Excused
NM =
No meeting
--- =
Not a Member
DRAFT
COMMUNITY POLICE REVIEW BOARD
COMMUNITY FORUM
April 12, 2016, 6:00 P.M.
IOWA CITY PUBLIC LIBRARY
123 South Linn Street, IC
CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 6:00 P.M.
MEMBERS PRESENT: Orville Townsend, Mazahir Salih, Monique Green, Donald King
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Patrick Ford and Staff Kellie Fruehling
INTRODUCTION OF THE BOARD
CONSIDER MOTION TO ACCEPT CORRESPONDENCE ANWOR DOCUMENTS
Treloar read the correspondence received into the record. Motion by King, seconded by
Green to accept correspondence and/or documents. Motion carried, 5/0.
MEET THE NEW POLICE CHIEF, JODY MATHERLY
Chief Matherly gave some background information about himself personally and
professionally. He also spoke about the department, other City departments, and the
community working together. The Chief feels that the CPRB is a positive thing for the
community. He also reported on number of officers, average calls for service and
number of arrests per year.
PUBLIC
DISCUSSION The following individuals appeared before the CPRB:
Mary Gravitt
2714 Wayne Ave #6, Iowa City
Maria Conzemius
2833 Sterling Dr, Iowa City
Roger Goedken
Lone Tree
Harry Olmstead
1255 Shannon Dr, Iowa City
Jackie Reger
1215 Santa Fe Dr, Iowa City
ADJOURNMENT
Meeting adjourned at 6:48 P.M.
(Forum Summary and transcriptions are attached)
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2016-2017
(Meeting Date)
TERM
4126
5118
5/23
611
8117
1113
10111
1117
11115
12115
1110
2114
1114
4112
NAME
EXP.
Joseph
7/1/17
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
Treloar
Mazahir
T 1/17
X
X
O/E
O/E
X
X
O
X
O
X
X
3C
O/E
X
Salih
Donald
7/1/19
X
X
X
X
O/E
X
O/E
O/E
O/E
O/E
O/E
O/E
X
X
-King
Monique
7/1/20
---
---
---
X
X
X
X
X
X
X
X
X
X
Green
Orville
7i1/20
---
---
---
---
X
X
X
X
X
X
X
X
X
X
Townsend
Melissa
9/1/16
X
X
X
X
---
--
--
---
---
--
---
Jensen
Royceann
9/1/16
X
X
X
O
---
—
—
—
---
---
---
---
---
---
Porter
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
May 9, 2017
Iowa City City Council
City of Iowa City
410 East Washington St
Iowa City, Iowa 52240
Re: Community Police Review Board Annual Community Forum
The Iowa City Community Police Review Board (CPRB) held the annual Community Forum, Wednesday,
April 12, 2017 at 6:00 p.m. Members at the forum were Joseph Treloar (Chair), Orville Townsend (Vice
Chair), Mazahir Salih, Monique Green, and Donald King. Legal counsel Pat Ford was also present.
The forum opened with a roll call vote and an introduction of members. Correspondence received prior
to the forum was read and accepted. Treloar read a brief summary of Board duties and responsibilities.
Treloar then introduced and welcomed Iowa City Police Chief Jody Matherly.
Chief Matherly gave some background information about himself personally and professionally. He also
spoke about the department, other City departments, and the community working together. The Chief
feels that the CPRB is a positive thing for the community. He also reported on number of officers,
average calls for service and number of arrests per year.
Following the above, Treloar opened up the forum for public discussion. The following people spoke
during public discussion: Mary Gravitt regarding traffic on Clinton/Madison and proposed gun
legislation, Maria Conzemius regarding the noise ordinance and barking dogs, Roger Goedken regarding
mental illness, Harry Olmstead regarding an upcoming legislative forum on mental illness and Chief
Matherly, and Jackie Reger on the types of complaints received since the start of the commission.
Board members spokebriefly about complaint forms, the Johnson County Citizens Police Academy, and
having good relationships/communications between residents and the Police Department.
At the conclusion of comments from the public, the Board thanked the audience for their input. Treloar
called for the meeting to be adjourned at 6:48 p.m.
Joseph Treloar, Chair
Community Police Review Board
(Transcriptions of the forum are available on the City website.)
Page 1 Community Police Review Board Community Forum
Members Present: Joe Treloar (Chair), Don King, Orville Townsend (Vice Chair), Monique
Green, Mazahir Salih
Staff Present: Pat Ford (legal counsel), Jody Matherly (Police Chief)
Call to Order & Roll Call:
Introduction of Board:
Treloar/ ...to order. Um, we'll do an introduction and roll call vote at the same time.
Um ... Monique Green.
Green/ Present,
Treloar/ Donald King,
King/ Present.
frcloar/ Uh, Mazahir Salih.
Salih/ Yes.
Treloar/ Orville "fownsend.
Townsend/ Isere.
Treloar/ And I'm Joseph'Ireloar and I'm present.
Consider Motion to Accept Correspondence and/or Ilocuments:
Treloar/ I'll go ahead .... why don't 1 go ahead and read correspondence first. but. _.so, um, vN e
received two questions. (person speaking from audience) Oh! Okav! (person speaking
from audience) (noises in background) Is this one workin' or is that_..(talking in
background) All right! flow bout that? Okay! All right. (talking in background)
Um... (several talking, noises on mic) We'll wait till we make sure we have everything
workin'! (testing of microphone) (several talking) All right, well we'll go ahead
(coughing, unable to hear speaker) Um, we had two questions from Harry Olmstead, uh,
the first .... and these were responded to by Chief Matherly. Um, why are police ollicers
allowed to watch their body cam video xhile writing their report? This seems Somewhat
bias and can influence their answer. Um ... much has been written on the pros and cons of
officers viewing body camera video prior to writing the reports. While body cameras are
a new concept in the past I'ew years, in -car video has been used for over, um, two decades
This represents only, a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 12, 2017.
Page 2 Community Police Review Board Community Forum
and officers vie\nfng the in -car footage has never been an issue. This and other related
video issues will undoubtedly continue to be discussed as body camera implementation
and research on their effectiveness develops. Uh, second question is why is it that when
policies for body cameras were written up there wasn't any input from citizens of Iowa
City? Answer, there is not a mechanism in place in our policy... police agency to get
community feedback on police policy, although it is generally recommended to do so by
many groups. The Iowa City Police Department is looking at such a procedure.
Actually, um....there is a policy in place. Uh, the Community Police Review Board did
review those policies and is open to input from the community, and we actually did
receive some input —from the community. It was after the policy was in place,
but. ... yeah, the mechanism's there. That's part of what we do. So .... uh, the motion to
accept colrespondence and/or documents. (several talking)
Green/ Second.
Treloar/ All in favor. All opposed same sign. Okay. It's accepted. All right —just read a little
brief introduction as to who we are, what we do, kind of what we're all about. The
CPRB reviews reports prepared after investigation of complaints about alleged Iowa City
police misconduct. (mumbled) It then issues its own written reports that contain detailed
findings of fact and conclusions that explain why and the extent to which complaints
Should be sustained or not sustained. The CPRB maintains a central registry of
complaints against sworn officers and prepares annual reports to the City Council. The
CPRB reviews police policies, procedures, and practices, and may recommend
modifications to them. The Board shall hold at least one community forum each year for
the purpose of hearing views on the policies, practices, and procedures of the Iowa City
Police Department. The CPRB only has limited civil review powers and has no power or
authority over criminal matters or police discipline. It is not a court of law and is not
intended to substitute for any form of legal action against the Police Department or the
City. Um. the Iowa City Community Police Review Board is the only board of its kind in
the state of Iowa. I am personally proud to live in a community that has gone the extra
mile to develop an active process with a goal of constantly enhancing the professionalism
of its police department. We're often reminded of the important role police offi...police
have in our community. In Iowa City, just knowing that role is not enough. We have
become actively engaged in a process of providing feedback from the community to the
police to assist them in their goal of being the best they can be. At tonight's annual,
forum we're very happy to have with us our new Police Chief, Jody Matherly. This is an
opportunity to get to know Chief Matherly and for him to better know you. After Chief
Matherly speaks, we'll open up for discussion. We would ask that you limit your
cont._uh, comments to five minutes so that everybody has an opportunity to speak.
And —with that being said, no further ado, I'll open the floor up to Chief Matherly.
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 12, 2017.
Page 3 Community Police Review Board Community Forum
Meet the New Police Chief, Jodv Matherly:
Matherly/ Thant: you very much! Good evening! As he said my name's Jody Matherly. Uh,
I've been a police officer for 34 years. Uh, from —as a matter o f sequence I was actually
born in Grinnell but when 1 was five -years -old we moved to Michigan, so I was raised in
Flint, Michigan and was a police officer there, uh, for 20 years, after getting my .... my
undergraduate degree in criminal justice and my master in, um, technology, with an
emphasis in police administration. Uh, after that amount of time in Flint 1 was looking
for a chiefs job and to and behold Grinnell opened up. And being from there and
wanting to move back to Iowa, I applied and got the job and was there for nine years.
Um, at that time, Altoona opened up. Then I was looking to move back towards the
metro area, little larger department, so I applied there and landed that job. Uh, and 1
wasn't lookin' to leave. I'd found my home and... and thought that that's where 1 was
gonna retire and then Sam Hargadine decided to retire and I had, uh, thought about
applying in Iowa City back in 2003 when I applied for the Grinnell job. Sam came right
after me, about 2004, and 1 didn't. I just started Grinnell. I wasn't going to make the
change. So when this opportunity arose, uh, I .... I jumped at it. Um, I've been here since
January and I'm havin' a blast. It's a great town. Uh, I'm gettin' to know a lot of folks.
What I'm finding is, for every challenge we have solutions, uh, and the folks here, uh, are
part of that solution. I just was over at the Rec Center, uh, introducing myself to the Park
Board at 5:00 tonight. Uh, and I told `em I said, you know, no matter what piece of the
puzzle you're involved in in Iowa City, the. ...the Parks Department, the Rec Department
is just as important as the Police Department, as important as the Community Police
Review Board, all the pieces of the puzzle fit together, uh, and the end result is to .... to
make this a really dynamic, safe, and .... and, all, fruitful community, um,
that.... especially with the rec programs that brings our youth up as .... as mature adults
and makes them, um, you know, uh, contributing members of society. Without these
pieces together, the Police Department gets really busy, and the Police Department
doesn't succeed without all these pieces of the puzzle. So, I'm enjoying that aspect of
Iowa City. There's a lot of support here. There's a lot of constructive criticism, which
we're open to. Um, he mentioned this is the only, uh, police review board in the state.
Um, there's a lot ol'pride with that. I've had chiefs call me, `Whatdaya think?' I said,
`It's a great mechanism for us.' Uh, folks are sometimes more comfortable approaching
the ... the Police Review Board than they are, um, the Police Department itself, uh, and for
the right reasons! Um, if they've had problems, we sometimes are the last people they
want to talk to. So, this is a nice segue into the system to find out if we're doin' things
properly when there's questions. IIe mentioned that they do review policy and that's
another mechanism that's very important, to make sure that ... that, urn .... that we're, you
know, doing things according to Hoyle, if you will, according to best standards, and
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 12, 2017.
Page 4 Community Police Review Board Community Forum
really according to what's acceptable to the local community. What may be good in
Grinnell or Flint or Altoona may not be right for Iowa City. So we need those checks and
balances, and this is a great panel to .... to do that. So ... urn .... I have three children. I have
a wife named Laura. She hasn't.... she's a nurse, but she hasn't decided to go back to
work. I think she's in retirement mode, uh, which is fine too (laughs) So, uh, but ... but
we're settled in and we're lovin' the community, so.... That's it about me! Let me add
this.
Treloar/ Sure!
Matherly/ It's always about me! Uh, the Police Department, let me tell you a little bit about the
Police Department itself IIow many officers do you think the Police Department has?
Sworn police officers in uniforms, how ... how many do you think we have? (unable to
hear response from audience) Good guess. No, the Ree Board just guessed 50 so.... We
have 83, uh, sworn officers right now. That's from the Chief down to .... we have four in
the Academy right now. They're graduating this Friday. I'm excited to go see that, but,
gun, there's 83 of us. Uh, we also have about 30 civilian staff, from animal control, um,
shelter, the Animal Shelter, to our clerical staff, records, and .... and community outreach,
Henri Harper and the CSO's, they're called Community Service Officers. They do help
with towing vehicles or parking tickets or, all, running support for us. So, um, we've got
a staff of over 120 folks down at the Police Department, so it's good size. So; you know
our staffing, so how many calls for service do you think that we run each year annually
on average? That is someone's ringin' the bell and sayin' I need the police. How many
times? Anybody? Ten thousand? Eighty thousand? We average 6-5,000 calls for service
per year, and so with 82 officers that keeps us really busy. These guys don't have time
to, uh. sit around (laughs) very often. Um ... we .... we run around 6,000 arrests per year as
well. So, uh, we stay busy. But, ...I wanted to say just a little bit about the Police
Department itself, so....
Public Discussion With Community Police Review Board:
Treloar/ Yes, um, we'll open it up for questions or comments. We ask you to come up, sign in so
we can correspond with ya later. There was a lady right behind ya just getting up. If you
(unable to hear person from audience) (laughter) It's important that you come up here
and speak into the mic because like I said, this is gonna be viewed on local access TV
and, uh.... yes, please!
Gravitt/ I have a complaint. I've been complainin' about this for about three years, or more.
You can come up from Madison to Clinton. That's legal for a car to come up. But it's
illegal to go from Clinton to Madison, but yet... and still cars still go down there, and
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 12, 2017.
Page 5 Community Police Review Board Community Forum
that's very dangerous, especially for the Chinese students cause they're always texting
and never looking up. And as ... and you know and ... it can be Unexpected, cause cars are
not .... there's a sign on the corner, cars are not supposed to go down from Clinton to
Madison. Now I used to go to City Council and I complained and complained. Didn't do
any good, so I haven't been down there since, oh, it was maybe .... oh, six or seven
months. Cars are still goin' down .... from Clinton Street to Madison, and one day we're
gonna have a horrible accident down there, and it's gonna be one of the foreign students
is gorma get hit, and it's gonna bejust like it was in 91. You're gomma have all this
massacre and all this stuff and nobody seems to care. And another question I wamta ask,
how many police cars do we have? If it was the police .... uh, just, you know, for a few
months, a police presence on that corner, givin' out tickets. And that's why I'm in favor
of givin' out tickets there because it's so blatant that a per ... that they feel that they can go
down that way when they know that you shouldn't go that way. So that's my only
complaint now. Thank you.
Matherly/ Thank you for bringing that to my attention. I haven't heard that complaint. Uh. I do
drive by there quite often, uh, and haven't seen a violation. However, Pm sure they do
occur. Um, what we'll do, ma'am, I'll get with the University Police as well, uh, Chief
Beckner over there, and we'll talk about extra enforcement in that area and see if we
can't slow that down a tittle bit. We have 22 marked police cars. That doesn't mean
they're all out at once. We have anywhere between seven and 10 officers per shift out at
any given time, and then the University also has their personnel out. So what we do is
target enforcement in those areas where it's known traffic violations. Uln, we certainly
don't want to see accidents, uh, and so v`rith strict enforcement, and not necessarily
tickets, but at least stopping and reminding them ... they may, you know, the officers have
discretion to write tickets, but at least visibility and increased enforcement, and that'll
usually slow things down. It's certainly marked well. So. either folks aren't paying
attention or —they're seeing the, uh, sign and disregarding it, which makes it even worse.
Uh, but we ... we will focus on that. I appreciate you let ... letting me know about that.
Gravitt/ Okay. Thank you.
Treloar/ Thank you! Yes, ma'am!
Conzemius/ I'm concerned ... as Chief Matherly knows I'm Maria Conzemius, about the noise
ordinance and the enforcement of the noise ordinance. We have a whole lot of dogs in
our neighborhood and I just listened to a dog bark for three straight hours today. I called
Animal Control three times after the first hour of the dog barking. Uh, they said they'd
come out. Well, actually they said an officer was on another call and would come out,
and I listened to it bark for another hour and I called again and she said, `Oh, I'll be out
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 12, 2017.
Page 6 Community Police Review Board Community Forum
right away." And ... the dog barked for another hour and so the dog barked for three solid
hours and, um .... if anybody came out Fur not aware of it. If they did and the person
wasn't home, then there's nothing they can do. They can't impound the dog i I' nobody's
home. So basically we're in a situation where there is a noise ordinance. A dog is not
supposed to bark more than 20 minutes during the day, and at no time after 10:00 P.M.,
unr, but we've got neighbors with, um, two pure bred dogs who wait until our lights are
off at night and then throw their dogs outside. Now the one common theme in all these
neighbors is that they don't walk their dogs. They just throw `ear out in the yard to bark.
And .... the dog, the neighbors who do walk their dogs, we don't have that problem with.
So I would walk the dogs myself if they would let me, but I doubt that they would. My
husband has to get up to go to work — he's a City bus driver — at 4:1 d in the morning. He
rides his bike to work, but he gets up at that time whether he drives or rides his bike to
work. So we go to bed fairly early, and it really is noise pollution. Now when i left New
York state in 1974, I had the right to the peaceful enjoyment ofmy premises. We have a
yard. We have a garden, and I can't go out there and �N ork because I can't enjoy myself
in my own yard because I've got all these dogs barking at me, and it's.... it's really a
problem. It's been a problem ever since we've lived there. We used to have five dogs
living next door to us and those people finally moved, but a nice family moved in with
one dog and that's not really a problem, but it gets loose and comes to our deck and eats
all our cat food for the stray dogs. Not really a problem, but the people behind us and the
people over there and the people over there all have dogs, and uh, they throw `em out in
the yard and let `em bark and I'm not sure if Animal Control ever shows up. It's hard to
tell.
Matherlyl The Director of Animal Control, Liz Ford, I know she emailed you back when you
asked the process, when you had emailed me, mmmm, three weeks ago I think it was.
Um....
Conzemius/ I don't remember getting that. An email back (both talking) I got one from you.
Matherlyl Okay, maybe I forwarded hers. Did you get the information on hers? Showing the
process?
Conzemius/ I -or .... I got one from you. 1 didn't get one from her.
Matherlyl Okay. What time did you call today?
Conzemius/ Today I called at, um ... well the dogs started barking at l 1:00. 1 called at 12:00.
Matherlyl Okay.
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Page 7 Community Police Review Board Community Forum
Conzemius/ And then I called again at 1:00. I called three times in call.
Matherly/ Here....here's what we'll do. Um .... there's a couple options. When there's a barking
dog and if nobody's home, we can still follow up. Doesn't mean we're going to go on
premise and like you said take the dog. We can document that it's occurring. We've got
a valid complaint. We'll go back when the homeowners... homeowners are there, the
residents, and um, and deal with the ... the issue then. You certainly have a right to be free
from three hours of barking. You know, dogs are dogs; however, when it's as consistent
as yous... you've mentioned and this isn't a...just a week, but it's been many times and
youre getting very frustrated. We need to give that some attention. I'll contact Liz.
IIave her contact you, and let's look at something a little more strategic, little more long-
term than ... thanjust, uh, saying, `Well, it's a one-time thing.' So, uh, we need to talk to
those homeowners, um, and let `em know that it's not acceptable and they need to do
somethin' abort it. Uh, if that means putting the dogs inside while they're gone at work,
then so be it. Um, but they need to do something.
Conzemius/ Can I say who it is?
Matherly/ Well, we'll follow up with you.
Conzemi us/ Okay, cause one time I talked to Animal Control and complained about another
neighbor who lives right nest door to Frankie and, um, they said, `Oh we haven't been
out there in years,' and I've called for many, many times about those two dogs.
Matherly/ And just so everybody knows the process, when Animal Control's not available, then
our police officers will respond. So it's not like you have to call Monday through Friday.
If at 3:00 A.M. you've heard three hours of barking and you're thinkin' `I'm just not
gettin' to sleep,' give us a call! We'll respond and, uh, usually when we tell a resident
that calms it down, but if it's ongoing like this, we need to think of something.... we need
to took at the bigger picture. Um, so we'll work with you on that.
Conzemius/ Thank you so much.
Matherly/ You bet!
Conzemius/ Thank you.
Treloar/ Ma'am, unfortunately I can attest to the ... the police does act on these things. We have a
little Shih Tzu and they're an alarm dog, and it lets its know every time that evil postal
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Page 3 Community Police Review Board Conunumty Forum
worker's attacking our house (laughter) and he's so proud of himself when he's chased
that evil postal worker away (laughter) so, you know, anybody who comes by, he lets us
know. Evidently one day when we were gone, I don't know if they were working in the
street or what but something must have been out in front of our house and he barked and
we received a notice from the City that we needed to keep our dog under control. You
know, a neighbor had complained, which they should of, but A yeah. They .... they do
take action (laughs)
Conzemius/ Well I've been told that the police have been told before Chief Matherly came on
board that the police were not to deal with my problems with my barking dogs, that only
Animal Control could, but if Animal Control doesn't, then I'm out of luck. Now that
Chief Matherly is on board, so I hope that policy will change.
Treloar/ Yeah, this was before Chief Matherly came on board, but yeah.
Conzemius/ Yeah.
Treloar/ It was embarrassing! (laughter)
Conzemius/ Well we used to have a dog but he didn't bark unless somebody came to the door.
He was a good boy. But....
Treloar/ Thank you so much for your. comments.
Conzemius/ Thank you.
Goedken/ Hi, my name is Roger Goedken. I'm the Director of Successful Living, which is a
human service agency in town here. Um, first I want to offer appreciation for the people
who are on the board. I appreciate your time, um, and your expertise, and welcome, uh,
Chief Matherly, um, to Iowa City. And I'm glad you're having a great time here and
hopefully this, uh, board and everything works out great. So I guess my .... my questions
are more .... more broad and general. I ... working at a human service agency I wanted to
have an idea of what your thoughts are, perspectives are, goals maybe even with, um, the
mentally ill population in the Iowa City area. Um, we ... our agency has had a, more than
it's fair share of experience with the Police Department. Not all .... not bad in fact. A lot
of it very positive. Um, but I just was curious wherc.... what direction you kind of were
heading with ... with that or (mumbled) broader goals with, you know, what do you see the
...the larger issues and how you're planning to address those things.
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Matherly/ Well that's a good question and .... and to be honest with you, that's probably one of
the top five issues in every city in the nation, unfortunately. Uh, as resources have been
cut in the social services side and human services, that has increased enforcement
and ... and problem... dealing with problems on the police side. So they're telling our
officers... get out of the police academy; you've got a side ann; you've Pot .... taser;
you've got a baton; you've got a badge and a uniform; and go deal with every problem
that there is, that nobody else wants to deal with. And unfortunately folks that have
mental illness that have no place in prison, uh, wouldn't be there if we could get help on
the front end of it, and Lib, you know, they're.... they're ]eft to fend for themselves.
Families are frustrated. They're fending for themselves. And they're.... they're doing
everything they can within their resources, but at the end of the day, we end up, um,
putting these folks in jail or in prison, because there's nowhere else for `em. It's a
nationwide problem. With that being said, I will tell you that, uh, Iowa City, Johnson
County, is .... and Linn County, are taking the lead on training our officers, uh, better, and
working with social services in, uh, crisis intervention training. And we're teaching the
officers, uh. how to identify, um, mental health issues. (several talking) Um, how to
identify mental health issues, recognize that that's.... that's the root of the issue here. It's
not somebody upset. It's somebody that ... that's having di fliculty and is in crisis mode,
um, so identify what it is, and then identify how to handle that in a safe Ind ... and patient
and prudent manner, uh, and get the person the help they need. Um, it takes more time to
do that. Uh, the officers said, `Chief, you understand if we do this. ...what would have
been a 20-minute arrest, you know, last month is now a three-hour process to .... to get
help.' I said, 'But ... but it's the right thing to do!' At the end of the day, there's less
resources on the criminal justice side if we get help appropriately. Um....and that
program is going to continue to expand, uh, and I don't know if anybody's ever heard of
the prora... program, but the ... the crisis intervention training comes fi-om a bigger piece of
the puzzle, and I'm sure you've heard of this, but uh... we went clown to San Antonio. I
say `we' — the Police Department and Johnson County and .... and some of the, uh, I think
some of the Councilpersons as well, and urn... they've got a very holistic look at this.
including from the initial intervention to a referral service, where there's, um, kind of a
stepping stones for these individuals, uh, to get help, and, you know, they have a facility
to handle that. That's really where we need to be to help these folks and get `em back on
their feet and make sure that they're.... that they're functioning good in society and not
hurting themselves or others. Um, so it is a problem. We are part of the solution, uh.
within our resources. I think there's enough need and .... and I think the.... the, uh,
County and the City and ... and the surrounding cities are saying `Let's prioritize this the
best we can.' Uh, I hope the solutions continue. But for now, we're training the officers,
you know, at least take `em to the emergency room, at least try to get referrals there and
sec if we can't find a bed, um, and see if we can't keep `em out of the jails and out of the
prisons, um, and do the right thing. So ... does that answer your question?
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Goedken/ That pretty much does, and I guess I'm curious where you kind of want to see things
in a few years. I know there's the training and then there's other resources that, you
know, we have more locally, I guess (both talking)
Matherly/ You know from everything I've studied and read, uh, it...it would be to have a facility
to ... to deal with these folks and put `em in the right place. That's where I'd like to be in a
few years, and um, and get `em the help they need. Uh, our .... I've been Join' this 34
years and I can't tell ya the number of times where I'm frustrated goin..... I have nowhere
to put this person but jail, and unfortturately the families are .... are doin' the best they can,
but their hands are tied.
Goedken/ Right.
Matherly/ It's a bad situation for everybody. It's unfortunate. Um, but society .... not just us....
Goedken/ Yeah.
Matherly/ ...this nation needs to. —to take a better look at our mental health services and, uh, we
need to put more emphasis on that. We have failed in that area, in my opinion. And I say
we the nation.
Goedken/ Right. Right. Yeah. and I commend the training that .... oh, I'm sorry (both talking)
Go ahead!
Townsend/ I had a question. Uh, we...we have Henri and the service officers. Will they be
working in the schools, and if so, I think they'll be able to help with this area too because
they can identify, you know, students — mentally ill and, all, especially students that
basically are vulnerable. So hopefully we can kinda get some assistance from that area.
Matherly/ Sure, and you know, the folks in the school are well trained in this area too. Um, and I
can't speak for the school system, but, uh, that collaboration, that partnership, when we
get called there for an out-ol' control student, we need to make sure to work together, um,
you know, and not have it be a pipeline to jail for this student and see if there's
alternatives. We have some juvenile programs, diversion programs, in place, like
Ladders, and .... and some things like that where if a .... it's a disorderly conduct charge.
Let's see if we can't get that student, thatjuvenile some.... some help, all, as opposed to
just puttin' 'cm in the juvenile criminal justice system. So, that's a good point. I'm glad
you brought that up because LA think that's a, for the youth, it's a ... even, all, more
important.
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Goedken/ Yeah. I like (mumbled) approach there, so ... if you don't mind I'll give ya a card (both
talking) be in touch.
Matherly/ Absolutely! We'll trade. Thank you very much!
Goedken/ Thank you!
Olmstead/ As way of the (mumbled) Uh, this Saturday in Linn County at Mercy Hospital the
League of Women Voters are putting on a legislative foi2un and the topic is (mumbled)
so ... it'd be good for some of us (mumbled)
Matherly/ What is the topic? I'm sorry.
Olmstead/ Mental illness.
Matherly/ Oh, gotcha. Okay.
Olmstead/ Which has become quite a topic in our state because we've had three cases or
mentally ill children that killed family members, and in one case a whole family. My
name's IIarry Olmstead and um .... (mumbled) started talking about this (mumbled) talk
further but I'd like to see, uh, the Police Review Board get involved, and that is that we
have a (inunbled). It's a law in probably every state in the nation, but we don't enforce
it. And that is jaywalking. 1 say if we're gonna have it on the books, enforce it or get it
off the books! Because what's sort of message, particularly to college students are we
sendmu? You know, we won't bust `em for jaywalking, but we will bust `em for
underage drinking or smokin' marijuana or whatever else it may be. So that's a concern.
Green/ (mumbled) ...forum, um, you said it was Saturday at Mercy?
Olmstead/ Saturday, Mercy, 10:00 (both talking) ...11:45 (mumbled) (several talking)
Gravitt/ (speaking away from mic, unable to hear)
l7eloar/ Would you mind cumin' up to the mic though so the people that watch this on TV can
hear ya? (laughs) I know, it's (mumbled) but it's....
Graz itt/ ("speaking away from mic, unable to hear) (laughter) What I'm really concerned about
is that new law that the Governor's thinking about signing — l 4-year-olds packing guns —
and, uh, you know, when you're 14 you .... your hormones are working and you know,
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Page 12 Community Police Review Board Community Forum
this 14-year-old with a gun is not gonna go over well, because like we talked about, you
know, the families that.... families are bein' wiped out ... by teenagers, underage people.
So the Governor's thinking about signing this thing. But is there anything that can be
done about that ... to .... to show him that we're not in the wild, wild west any more! I'm
from Philadelphia, and what is known as crime out here to me is a joke because, um...
nothing is .... is, crime out here is more of a nuisance. People annoying each other. But
real... when you... in a real situation, even in Philadelphia, nobody's thinkin' about packin'
a gun! You know there's guns there but nobody .... any reasonable person, they don't
want that, and I don't ... I live in Iowa City. I don't want that for Iowa, because .... I came
out here and it's peaceful. So why give a child a gun? That's all. Thank you. (several
talking)
Matherly/ Uh, the best I can speak on that, I haven't the final product, but I did follow the bill as
it was .... having, uh, amendments put on. The 14-year-old provision was not to, um, give
`em a .... a concealed carry permit, A a license to carry, but to have access to the gun
through wcapon's training and...and um .... you know, be able to, uh, shoot the gun and
handle the gun, uh, with some parental guide, but not .... not to walk the streets with it, so
the law wasn't intended for that. Unn, just for clari Cl cation.
Gravitt/ But it's unintentional! If..if your child knows where a gun is, the child knows where the
gum is. Guns are for policemen.
Mathcrly/ Sure! Um...
Gravitt/ ...and not for children!
Mathcrly/ Yeah, and it's .... that's.....you know, I can't speak for the legislators or the lobbyists
or the, you know, the interpretation of Second Amin...of Second Amendment of the
Constitution for right to bear arms but urn... that's. ...that's my understanding ofit, so....
um, that's the best 1 can tell you. Thank you.
Reger/ Ili there, my question....and I'm not sure if you're able to answer this, but what kind of
issues are people coming to you with? Like in the past year,
1 reloar/ What kind of complaints?
Reger/ Yeah! Uh huh.
Treloar/ Oh.....
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Reger/ And I was wondering if..if several of you have been on this for several _years, if you've
seen a change in the kind of complaints you're getting from people.
Treloar/ In the past year we've had, uh.... um, allegations about questionable interview and
interrogation techniques, um, unlawful seizure of cell phones, uh, unlawful entry into
residence, unnecessary use of force, failure to activate body cameras, urn ... pretty much
anything you can imagine. You know, people get upset and.... they.... they make a
complaint. It's pretty much everything you can imagine somebody would complain
about, so .... um, I .... I can .... there are a few more if you want me to keep goin' or....
Reger/ No. I was just wondering if (both talking) Change (several talking)
Treloar/ Oh! Okay! Um....
Reger/ (mumbled) ...if things have ... I don't know, have you been all on this committee for a
while or....
Green/My name's Monique Green. I've been on the board since August, so I (both talking) like
a lot of scope and scale yet, but I'm still, you know, kind of learning what type of cases
that we (mumbled)
Treloar/ Um, people complaining that their First Amendment rights to freedom of speech or, um,
improper detention or arrest, (mumbled) or verbal identification, um .... iailure to inform
reason for arrest, uh, improper search after arrest, improper handcuffing, use of profanity,
fabricated probable cause, and you know, bear in mind, that's a list of complaints. That
doesn't mean that those complaints were all founded and sustained, but that's the
complaints that have been made. Um....
King/ It hasn't changed much over the years.
Treloar/ No.
King/ I've been on the board, uh....oh, probably six years, um, I was on the board and then 1 was
off and then I came back on. Um, but the complaints.... basically follow the same thing.
Urn ... a lot of 'em are, um .... well, some of'em that we look at like the body cams, that's
an internal police policy that when an officer responds he's supposed to have his body
camera on. Um .... maybe during an incident he didn't have it on, and that was, uh,
sustained complaint. There was no film or .... video to. ...look at, because the officer
didn't have it on. That's a department policy. Um .... but other complaints, like I said, it
ranges, um .... a lot of 'em are, you know, excessive use of force or things like that, so...
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Townsend/ I've been on the board a short period of time but during that time what I've realized
is that, you know, we've gotta look at the whole picture, you know. There are many,
many views. You got the view of the are ... officer tryin' to do a job. If it's a situation
where a family member's involved, you know, emotions run real high, and basically I
think, you know, it's good that we have our group because we can look at it and we can
kind of separate that, but uh, personally i feel that our officers do a very good job under
those circumstances, and a lot of times the people feel that they were bein' treated
unfairly, but that's mainly because they really don't understand the law.
Treloar/ The body cams have really helped.... really, really helped with our investigations, cause,
you know, people do. —it's a highly emotional situation and sometimes.... your
perception of how things are going ... is kind of based on your emotional state. I mean,
when you look at the camera you can sec that the person's upset and might see something
a certain way, but sometimes ifs not that way! (laughs) So, I really appreciate the body
cameras and it's my understanding that with officers not having body cameras on, um,
primarily older officers. That's not their first thought when they're going into a tense
situation — is my body camera on? You know, they were trained a different way. Newer
officers, they grew up with that. That's... that's usually not a problem for them (laughs)
but .... so .... I mean....
Reger/ And how do people find you, to complain, like do they call the police office and (several
talking) I mean I've seen the, yeah, what's the process?
Treloar/ Um .... we have these brochures at the Police Department, and I believe we have some
here at the Library. There are several places around town. Um .... you can contact the
Police Department to make a complaint. Contact us directly to make a complaint.
Contact the Police Department to make a complaint, you know, lind out how to make a
complaint through us. Uh, we meet every month at .... over here at City Hall, and we have
our agendas posted and our meetings posted. Those are all open meetings. We welcome,
you know, the citizens to come and, um, give their input or complaints. There's literature
on the back desk there too that spells out, uh, the complaint process on the —in that
literature. This is how it appears online, so if you want to access it online, and it's even
online in Spanish. So....
Reger/ Si!
Treloar/ (laughter) Yes! I mean .... we're, like I said, we're the only.... we're the only review
board in the state of Iowa, and .... we really try and work hard to make sure the people
utilize us and use us because,.. it just makes things better for everybody!
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Page 15 Community Police Review Board Community Forum
Reger/ So are there... these boards in other states?
frcloar/ Some —yes! Some states have boards like this, um .... um .... there're just none other in
Iowa!
Reger/ Yeah.
Treloarl You know:.....
Rey cr/ Thank You.
Treloar/ I....1. like I say, Yin proud that Iowa City is a emrnnunity where people want thee best,
and lhev work for the best, and they make sure that they have process in place, so if
there's a problem, they can get a result, and get the best of whatever they can act. Yes,
sir!
Olmstead/ (speaking away from mic, unable to hear) I think we owe a big round of thanks to the
City Manager and the City Council for approving the hiring of Jody. Jody has been out
there. He's very visible —at neighborhood meetings and all around. We really.....1..... I
(mumbled) and I'm sure everyone else does. (applause) (several talking and laughing)
Townsend' Harry, I'djust like to add to that that, um, you know, sort of like ... like forming. You
know, the first thing you gotta do is you gotta identify the (mumbled) then you gotta
plant it, and later on it will yield. Well I think we're at that point where we're beginnin'
to get the benefits of the yield because, you know, uh, the City is hirin' minority officers,
Lill, a lot of programs. The Mayor has got a monthly, uh, roundtable where, you know,
people come and express. Human Rights is doin' a heck of ajob, so .... you know ... five
years ago, 1 have to be honest, five years ago, Iowa City was no place close to bein' in -in
the, to where we are now, but a lot of work, people workin' together. I think we're at a
point where we can really take off and make some good things happen.
Olmstead/ (speaking away fi-om rnie, unable to hear)
Townsend/ Oh, well I....1 won't go that far! (laughter)
Green/ And I'd like to add that a wonderful thing that, um, Iowa City has is the, uh, Johnson
County Citizens Police Academy. I'm taking that currently. I know Mazahir took that
previously and so it realty gives you some insight into what the, uh, Johnson Coun(y
Sheriff s Department does, um, the, uh, University Police, and then Coralville, North
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Page 16 Community Police Review Board Community Forum
Liberty, and um, Iowa City. So (mumbled) attendance as well, so (laughs) I really
enjoyed that!
Salih/ (mumbled) ....for like, this is my last year, but I be like almost four years, uh, but most of
the complaints that I saw were excessive use of force, and if you (mumbled) exactly why
(mumbled) and you will say like .... then using it like the right time, yeah.
Treloar/ I served in law enforcement and other agencies and years ago a sheriff told me that the
way you solve.... you solve more crimes over a cup of coffee than any other way. You
know, the meaning in that was it's the citizens that let ya know what's goin' on, what's
goin' on right, what's goin' on wrong. And if you don't have that relationship where you
can sit down with your citizens over a cup of coffee, have a good conversation, you're
not gonna be as effective as you can be. And I'm really....I`in really glad that we're
moving in that direction of, you know, communicating with our citizens and .... feeling
like we can come together and talk and share our concerns. (unable to hear person
speaking from audience) (laughter)
Salih/ (unable to understand) good thing about somebody, maybe (unable to understand) like he
met yesterday with our members at the Center for Worker Justice and so they have like a
lot of questions that they need to be answered, and it was a very good meeting, and uh, I
guess Chief made promise to have this kind of meeting with the community and I
encourage like all the community and Iowa City residents (unable to understand) help of
the community and support of the Chief (unable to understand) have like, uh, I mean like
(unable to understand) an issue about the policing in this community, and 1 think (unable
to understand) we need to support our new Chief so we can have really good
communications between the residents and the Police Department.
Treloar/ Any other input, concerns, questions? Well I'd really like to thank you all for coming.
Um .... like I said, we meet every month. We're ,your board! Please use us! Urn ... we're
there, um, contact its. We're all in this together to. ...for the same end. We want the best
police department we can possibly have! So. ...thank you again for coming and .... I'll,
uh.... I need a motion to adjourn.
Adjournment:
King/ So moved.
Townsend/ Second.
Treloar/ Moved and seconded. We are adjourned! Thank you so much.
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Date of Issue General Order Number
November 16, 2007 07- 03
Effective Date Section Code
October 20, 2016 ADM- 09
Reevaluation Date Amends / Cancels
August 2019
C.A.L.E.A. 17.1.1,17.2.1 Reference
17.2.2,17.3.1,17.4.1-17.4.3,17.5.1-17.5.3
^,R
INDEX AS: =
:
Fiscal Management na v
Budget
Emergency Expenditures
I. PURPOSE
The purpose of this order is to establish policy and procedure related to
Departmental budgeting, accounting and fiscal control procedures.
II. POLICY
It is the policy of the Iowa City Police Department to conduct all fiscal matters of the
agency in accordance with the established controls and procedures of the City of Iowa
City and applicable Iowa law.
ADM 09.2
III. DEFINITIONS
Fiscal Year — July 1 through June 30 of each year.
Appropriation — Money allocated to the Police Department to spend for authorized
purposes, such as for personnel services, operating expenses, capital outlay, etc.
Encumbrance — A commitment in the form of a purchase order, contract, salary, or
similar item that will become payable when goods are delivered or services rendered.
Unencumbered Balance — That part of an appropriation or allotment that has not been
committed and is thus available for expenditure.
IV. PROCEDURES
A. FISCAL MANAGEMENT AUTHORITY AND RESPONSIBILITY
1, The Chief of Police is responsible for the fiscal management of the Police
Department.
2. The City Finance Department is responsible for supervising the fiscal
management of all City Departments and for maintaining accurate and
thorough records of all financial transactions.
3. The Chief of Police, in cooperation with the City Manager, will annually prepare
and submit an operating and capital budget for the Department, subject to the
review and approval of the City Council.
B. FISCAL MANAGEMENT FUNCTION
The Chief of Police may delegate part or all of this duty to other departmental
personnel. Generally, all aspects of the budget process, including the constant
monitoring of budget expenditures, will be performed by the Division
Commanders under the Chief's guidance and control.
C. BUDGET PREPARATION
1. The Department budget will be prepared on an annual basis and will be
developed in cooperation with all organizational components and command
staff.
2. The Department's budget requests will be prepared and submitted W' -forms;
provided by the City's Finance Department. The City Manage r,wiil,review the
requests and based on overall financial direction provided by thei'City C,;$uncil, --`
recommend a budget for the Police Department.
r
Lin
L=
ADM 09.3
BUDGET RECOMMENDATIONS
1. The Division Commanders will monitor and evaluate their Division's budget
areas for problems and/or deficiencies. They are responsible for making
recommendations for adjustments during the annual budget preparation.
2. The Division Commanders will address fiscal objectives in regard to their
specific program areas in their annual budget request forms. This will be
submitted to the Chief of Police.
3. Each year the City Finance Department will publish a budget calendar stating
due dates for review of budget requests.
ACCOUNTING SYSTEM — (MONTHLY STATUS REPORTS)
1. Each month, the Chief of Police will receive a current status report from the City
Finance Department that details the following:
a. Description and initial appropriation for each line item budget amount.
b. Total expenditures and encumbrances made from the beginning of the
fiscal year to date.
c. Current unencumbered balance.
d. Percentage of each account spent.
F. EMERGENCY EXPENDITURES / FUND TRANSFERS
In unanticipated situations, where it is determined by the City Manager there is
an immediate threat to the public safety or welfare, the Chief of Police may
obtain immediate approval from the City Manager for emergency expenditures
or emergency rental agreements, i.e., additional equipment, supplies, etc.
Also, see the City of Iowa City Purchasing Procedures Manual, Emergency
Procurement Section.
2. The Chief of Police may also request, from the City of Iowa City Finance
Department, budget transfers be made from one budgetary area to another to
compensate for emergency expenditures, i.e., additional funds for overtime
expended due to an emergency situation.
3. The City also maintains a contingency in
unanticipated expenditures for all general
public safety.
the general fund annually for
government programs including
-i
ADM 09.4
G. INDEPENDENT AUDIT
The City of Iowa City Finance Department arranges for a comprehensive
independent audit of all City accounts each year by contracting with an
independent auditing firm.
EQUIPMENT REQUISITIONS AND PURCHASES
1. All purchases of equipment, supplies, etc., will follow the procedures set forth in
the City of Iowa City Purchasing Procedures Manual, to include the minimum;
a. Specifications for items requiring standardized purchases;
J. Bidding procedures;
c. Criteria for selection of vendors and bidders.
2. General guidelines
a. Requests for expenditures up to $1500 may be approved by the
Commander of Field Operations or Administrative Services. All requests
for expenditures over $1500 will be forwarded through the chain of
command to the Chief of Police or designee for approval.
b. After the Chiefs approval, all purchasing requests will be submitted to
the City Finance Department to ensure that the items requested are
budgeted and the funds are available. This part of the process includes
review of all requests by the City's purchasing agent, the attainment of
any necessary comparative prices, and if required by the policy the
submission of a completed purchase order to the City Manager for
approval.
J. Maintenance of Cash Funds
Communications
Station masters may receive cash for the payment of parking tickets after
normal business hours. Cash payment is allowed in two instances; first
as a result of a vehicle being impounded and payment for the parking
tickets prior to the vehicle being released, and second, payment of
parking tickets for vehicles on the tow list, discovered in violation, to
prevent them from being towed.
In instances where an individual is claiming their vehicle that has been
impounded and parking ticket/s have been issued (either as a result of an
impound or an amount from the tow list), the cash payment is to be pate -
on the bottom of the impound report. The pink copy of this 'report Will be
placed with the cash in a sealed envelope and placed nafhe looked
r.}
, .t
ADM 09.5
parking ticket box. Parking and Finance Divisions will insure that the
cash and the amount due for the released vehicle are the same.
In instances where parking tickets must be paid to avoid a vehicle from
being impounded, station masters are to fill out the City of Iowa City
carbon receipt book. Additional information documented on the form will
include the vehicle's license plate information and parking ticket number
(when known). The amount due would be the amount listed on the tow
list. The cash along with the yellow copy will be put into a sealed
envelope and placed in the locked parking ticket box. The customer will
be given the original copy. The Police Department will retain the pink
copy. Parking and Finance Divisions will insure that the cash and the
amount due for the released vehicle are the same.
There may be instances where payment for some commodity is received
at the front desk. When this happens, station masters are to document
the cash sale on a City of Iowa City carbon receipt book. The yellow
copy, along with the cash, will be placed in a sealed envelope and
forwarded to the Administrative Coordinator. The Administrative
Coordinator will verify the amount and direct a cash deposit to the
appropriate account. On a quarterly basis, the deposits are to be
matched with the copies of the receipts on file and a report and a report
will be filed with the Captain of Administrative Services documenting all
transactions and receipted cash for that period.
Records
Record Technicians may take cash/check payments for various reports
and documentation for which a charge is made. When cash is received
for an item, the amount will be entered into the cash register and money
placed into the cash drawer. The cash register will print a receipt for the
customer as well as keep a record of the total amount of
cash/transactions that are housed in the drawer. On a weekly basis, a
report documenting the total receipts for the week will be run and
matched with the cash in the drawer. Accumulated revenue and a copy
of the register receipt will be deposited the Finance Department on a
weekly basis. The Finance Department will verify the amount and issue a
receipt. On a quarterly basis, deposits are to be matched with the copies
of the receipts on file from the cash register with and a report will be filed
with the Captain of Administrative Services documenting all transactions
and receipted cash for that period. The cash drawer will be locked at all
times the Records Division is not open for service.
3. Animal Services + �.
The Animal Care and Adoption Center may collect fees for: services and,..,
merchandise. Each time a cash/check payment is'* ireceived, 'a
computerized receipt will be generated identifying, the
service/merchandise and the amount received. The transactionwill be
entered into the cash register where the money is stored and a running
ADM 09.6
record of monies received is documented. At the end of each business
day, the cash register will be closed out and all monies counted (less
$100 for making change) and placed into a locked bank deposit bag
along with the totaled cash register receipt. The locked bank deposit bag
will then be placed into a drop safe. The following day, the animal service
supervisor, or their designee in case of absence, will reconcile daily cash,
check, and credit card transactions. Deposits will be made Monday
through Saturday, except holidays, with the Finance Department who
confirms the reconciliation. On a quarterly basis, a report will be filed with
the Captain of Administrative Services documenting all transactions and
receipted cash for that period.
4. Investigations
The Investigations Commander may maintain the following 3 cash funds
Investigative funds: These budgeted funds are used by the Department
for the purchase of evidence, payment of cooperating individuals, and
alcohol/tobacco stings. These funds will be audited yearly by the Captain
of Administrative Services.
Iowa City Police Department Restitution Fund: These funds are
accumulated by court order from defendants to pay restitution to the Iowa
City Police Department for unrecovered buy money used from an Iowa
City fund. These funds are used for the purchase of evidence and
payment to cooperating individuals. These funds will be audited yearly by
the Captain of Administrative Services.
Johnson County Drug Task Force Restitution Fund: These funds are
accumulated by court order from defendants to pay restitution to the Iowa
City Police Department for unrecovered buy money used from a Johnson
County Drug Task Force fund. These funds are used for the purchase of
evidence and payment to cooperating individuals by the Task Force.
These funds will be audited yearly by the Captain of Administrative
Services.
The Investigations Commander will maintain a ledger for these funds.
Money from these funds may be distributed to members of the
Department and the Johnson County Drug Task Force for investigation
purposes. On a quarterly basis, a report will be filed with the Captain of
Administrative Services documenting all transactions for that period.
Members of the Department and Johnson County Drug Task Force will
maintain a ledger for any funds received. On a quarterly basis, areport
will be filed with the Captain of Administrative Services documenting all
transactions for that period. These funds will be auditedyearly:;by the
Captain of Administrative Services.
M
ADM 09.7
Bill Campbell, Interim Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or
civil proceeding. The department policy should not be construed as a creation of
,higher legal standard of safety or care in an evidentiary sense with respect to
third -party claims. Violations of this directive will only form the basis for
departmental administrative sanctions.
LEG-04.1
SEARCH AND
SEIZURE
Original Date of Issue General Order Number
January 10, 2000 00-01
Effective Date of Reissue Section Code
October 19, 2016 1 LEG-04
Reevaluation Date Amends
October 2017 1 LEG-04 Previous Version (2010)
C.A.L.E.A. Reference
1.2.4 1 (see "INDEX AS:")
INDEX AS:
Search
Seizure
Warrants
Arrests
Stop and Frisk
I. PURPOSE
The purpose of this order is to provide members of the Iowa City Police Department with
guidelines and background pertaining to search and seizure.
POLICY
It is the policy of this department to conduct searches that are both legal and
thorough. Such searches are to be conducted in strict observance of the
Constitutional Rights of persons being searched and with due regard for the
safety of the officers involved. All seizures shall comply with all relevant state
and federal statutes governing the seizure of persons or property.
II. DEFINITIONS
LEG-04.2
A. Constitution of the United States of America:
B. Amendment 4
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the person or things to be
seized.
C. Constitution of the State of Iowa:
D. Article I. Bill of Rights
Section &. The right of the people to be secure in their persons, houses, papers and
effects, against unreasonable searches and seizures shall not be violated; and no
warrant shall issue, but on probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons and things to be
seized.
III. PROCEDURES
Search and Seizure Without a Warrant
The Iowa City Police Department recognizes that "citizens have the right to be free of
unreasonable search and seizure" as afforded by the Constitution of the United States.
This Department will strive to ensure that all searches and seizures meet current legal
requirements. In recognition of this, the following guidelines are to be considered when
making a determination to search without a warrant.
A. Consent to Search:
Persons or property may be searched upon the consent of the person, owner or
person in control of the property or item to be searched. The person giving
consent must do so voluntarily. The officer is obligated to abide by any
constraints placed on the search by the person.
B. Exigent Circumstances:
1. An officer may search without a warrant when the public safety is endangered or
obtaining consent or a warrant is impractical
C. Moveable vehicles which may contain evidence that may be removed or destroyed
without a timely search being made:
1. A vehicle may be searched if an officer reasonably believes that it may contain
evidence of a crime, which may be destroyed or moved, and it is impractical=to
obtain a warrant.
D. Stop and Frisk:
1. An individual maybe frisked for weapons if an officer has an articulable concon
for his/her safety.
9 u A
E. Inventory Searches of Impounded Vehicles:
:;a
LEG-04.3
Inventory searches of impounded or seized vehicles may be conducted for the
purpose of documenting property contained in the vehicle. An inventory search
should not be used when the primary reason is to obtain evidence. (see impound
policy)
F. Search Incident to Arrest:
1. When an arrest is made, the officer will conduct a search of the arrested person
and the area in the immediate control of the arrested person for the purpose of
ensuring the officers' safety, preventing the person from escaping, discovering
the fruits of the crime, or discovering instruments or articles which may have
been used in the commission of a crime or constitute evidence of an offense.
This search must be contemporaneous in place and time.
G. Plain View:
1. Officers may visually search items or property that is in plain view, provided that
the officer has the right to be in the position from which the view was made.
H. Crime Scene Search:
1. Depending on the location of a crime scene, consent or a warrant may be
required prior to a search. (i.e. public v. private property)
Officers may search persons on premises during the execution of a search warrant
in order to protect their safety, prevent disposal or concealment of property subject
to the warrant or to remove any items that could be used to effect an escape or
resist arrest.
J. Officers may conduct warrantless searches in other situations under applicable case
law. (See training documentation)
Search and Seizure Pursuant to Warrant
A. Legal Basis for Obtaining a Search Warrant
In order to obtain a search warrant, an officer must be able to show probable
cause to believe that specific evidence, contraband, or instrumentalities/fruits of a
crime may be found at a particular location.
2. Specific facts establishing probable cause must be set forth with clarity and
specificity. Officers shall not rely solely upon personal opinion or unauthenticated
third party information or hearsay. Such facts may be based on the personal
observation or knowledge of the officer, or information from a reliable source.
3. When informants are used, particularly confidential informants, the reliability of,
the informant and the information provided should be specified. Whenever
possible, officers should corroborate informant information.
-. _.
B. Affidavit Preparation a
1. An affidavit supporting the application for a search warrant shall be prepared,oh -
the appropriate form in accordance with department policy. Because We —.
LEG-04.4
accuracy of the affidavit is vital to the validity of the search warrant, officers shall
ensure that the following information is clearly and completely specified:
(a) Offense: The offense shall be described with reference to the criminal
statute number where possible.
(b) Place or Thing to Be Searched: The place or thing to be searched shall be
clearly and specifically described. Where private premises are to be
searched, references should include:
(1) Street number and apartment number if appropriate;
(2) Physical description of the premises;
(3) Legal description of the premises;
(4) Name of owner or occupant;
(5) Geographical location of the property;
(6) Map coordinates or distances from given reference points;
(7) Photographs, satellite photographs, maps, or diagrams that aid in
specifically identifying the location to be searched.
(c) Scope of the Search: Only those things described in the search warrant can
be seized. Therefore, the affidavit should specify, and the officer should
ensure that the warrant includes the following:
(1) All areas that the officers desire to search shall be designated. In
instances where officers wish to conduct a complete search of a home
and its surroundings, the affidavit should specify a search of the
premise and it's "curtilage," and should identify any outbuildings such
as garages, tool sheds or other detached buildings, where appropriate.
(2) Motor vehicles known to be on the premises that maybe searched should
be specified.
(3) Searches (other than frisks for weapons) of specific persons on the
premises shall be referenced in the affidavit by name if possible.
(4) The specific items to be seized shall be detailed. Where the item may be
dismantled (e.g., firearms) the warrant should authorize the search and
seizure of parts or components of that item.
(5) Officers anticipating search of computers and related high-technology
equipment should consult a forensic examiner or other qualified source
for appropriate language to use in the affidavit and procedures for ..
seizure of hardware, software, and electronic media.
(d) Time and Method of Search: A valid search warrant may be served at any
time of the day or night, as operationally required, within 10 days from the
time of issuance.
LEG-04.5
(1) Anticipatory search warrants maybe sought when it can be shown that
the evidence in question will be at a specific location at some time in
the near future.
(2) Officers may request a "no knock" provision in the warrant when they
have reason to believe that adherence to the knock and announce rule
would endanger their safety or the safety of others, would enable a
wanted person to escape, or would likely result in the destruction of
evidence before entry can be made.
2. All affidavits must be reviewed and approved by a supervisor PRIOR to
presentation to a magistrate or other judicial official authorized to issue search
warrants.
3. PRIOR to obtaining a signed search warrant, a Search Warrant Control Review
Form shall be completed with the required signatures obtained (the second
signature must be from a lieutenant or higher. This would include a sergeant
appointed as an Acting Watch Commander) (see Appendix I). The accompanying
Search Warrant Checklist should be followed throughout the warrant process.
Other than for the physical search of a structure, a supervisor may waive the
requirements of the Search Warrant Checklist (Le. obtaining blood for an OWI
investigation, obtaining shoes from a prisoner at the jail, etc.) Justification for the
supervisor's waiver must be documented in writing prior to the service of the
warrant on Appendix I.
4. As all search warrants have potential for violence, the officer making application
will, at a minimum and prior to the execution of the warrant:
(a) Check the criminal history of any person known to reside or frequent the
location i.e. associates.
(b) Check the address for any history of violence.
(c) Prior serving the warrant, the officer making application will call the current
agency responsible for providing deconfliction services.
If, after completing this assessment, the officer making application discovers
information that may make this a high risk warrant service, the officer will make
the approving supervisor aware of the information at which point they will folio
Search and Seizure Pursuant to Warrant -section G (pg. 9) to make a final
determination on whether or not it meets the high risk criteria.
C. Supervisory Review of Issued Search Warrant Prior To Execution
1. Prior to any attempt at service, a supervisor should review issued search
warrants to ensure that they include all pertinent information set forth in the
affidavit completely and accurately, and that the warrant has been properly
signed by a magistrate or other authorized judicial official. Officers shall not
LEG-04.6
attempt to serve any search warrant that is known to contain substantive or
administrative errors.
When an outside agency requests Iowa City Police assistance with the execution
of a search warrant in Iowa City, a supervisor will at a minimum familiarize
themselves with the address being searched and confirm the accuracy of the
location.
D. Execution of the Search Warrant
10-Day Time Limit: Search warrants must be executed within 10 days from the
time of issuance. Any warrant not executed within this time limit is void and must
be returned unserved to the magistrate or clerk of court. In the event that the
return of an unserved warrant will compromise an active investigation, the
County Attorney should be consulted regarding the time and manner of the
return.
2. Pre -Surveillance: For narcotics / drug or weapon related search warrants, it is
recommended that surveillance be maintained on the target location for a
minimum of 30 minutes.
3. Pre -Search Briefing: Prior to the execution of a search warrant, the supervisor in
charge of the search should ensure that a pre -search briefing is conducted to
inform assisting officers of the following:
(a) The supervisor in charge of the search;
(b) Verification of the specific location to be searched;
(c) The layout of the premises and any known or anticipated hazards that may
exist;
(d) The manner of approach and entry into the premises;
(e) The assignment of assisting officers as necessary to:
(1) Exterior containment of the premises;
(2) Guard and/or transport any persons arrested;
(3) Search designated areas;
(4) Restrict access at entrances; and
(5) Collect and handle evidence;
(6) Interviews of any persons present;
(f) The communications procedures to be used.
(g) Historical data of suspects;
(h) Update from surveillance Officer on scene;
(i) Written Safety Plan — copies to all officers participating
LEG-04.7
(see Appendix ti)
(k) Staging area discussion
4 Supervisor Presence Required: The supervisor in charge must be physically
present on all search warrant executions. Once it has been determined that the
scene is secure, the supervisor may designate an officer to complete the search
warrant process. Upon conclusion of the search, the supervisor in charge or
designee is responsible for ensuring that all evidence is properly documented
and secured, that the premises is left in a secure manner, and that all paperwork
and reports are submitted as required.
Media or Other Third Party Participation: Police officers shall not take members
of the news media or other third parties into private premises during the
execution of a search warrant, unless the presence of the third party is necessary
in aid of the warrants execution. Police authority to enter private premises
pursuant to a search warrant does not automatically extend to third parties.
Participation by a third party must be directly related to the authorized objective
and scope of the search warrant. This restriction shall not be construed to
prevent the entry of third parties into private premises pursuant to voluntary
consent or other legal authority.
6 Photographing Premises: Photographs should be taken of the premises both
before and after the search is conducted for the purpose of documenting the
property in its original condition and the condition in which it was left by officers
after the search. All photographs and videos taken at a search warrant are
evidence and will be placed in evidence or on the video storage system at the
conclusion of the search warrant.
7 Giving of Notice: The officer executing a search warrant must, before entering
the premises, give appropriate notice of his/her identity and purpose to the
person to be searched or the person in apparent control of the premises to be
searched. If it is unclear whether anyone is present at the location to be
searched, the officer must give notice in a manner likely to be heard by anyone
present. The giving of notice may be waived ONLY if specifically authorized in
the warrant.
8 Serving the Warrant: Before undertaking any search, the officer must leave a
copy of the warrant with the person to be searched or the person in apparent
control of the premises or vehicle to be searched. Where there is a reasonable
belief that the person only speaks a language other than English, an officer or
other individual fluent in that language should be summoned to the scene if
available and the exigency of the situation permits. If no one in apparent and'
responsible control is occupying the premises or vehicle, the officer musk leave a
copy of the warrant affixed to the premises or vehicle. 7
9 Detention of Persons Present: An officer executing a search warrant for i
premises not generally open to the public, or of a vehicle other than a'common
carrier, may detain any person present for such time as is reasonably necessary
to execute the search warrant. If the items listed in the search warrant are not
LEG-04.8
found on the premises or vehicle, the officer may then search any person present
at the time of the officer's entry for the property specifically described in the
search warrant.
10 Frisk of Persons Present: If the officer reasonably believes that his/her safety or
the safety of others present so requires, he/she may search for any dangerous
weapons by externally patting the clothing of those persons present. If the officer
feels an object which he/she believes is a dangerous weapon, he/she may take
possession of that object.
11 Scope of the Search: The scope of the search may be only such as is authorized
by the warrant and is reasonably necessary to discover the items specified
therein. Upon discovery of the items specified, the officer must take possession
or custody of them. If in the course of the search the officer inadvertently
discovers items not specified in the warrant which are subject to seizure under
State or City Code, he/she may also take possession of the items so discovered.
12 Inventory of Items Seized: The officer executing the search warrant must
prepare and sign an inventory of all items seized. If the items are seized from a
person, then a copy must be given to that person. If the items are seized from a
place or vehicle, a copy must be given to the owner or person in control of the
premises or vehicle. If no person is present, the copy will be left in the premises
or vehicle from which the items were seized.
13 Concluding the Search: Officers will conduct the search in a manner so as to
leave the premises or vehicle in the same general condition as originally found.
All evidence will be handled in accordance with General Order 00-10 / SER-06.
The officer in charge of collecting evidence will complete all reports and property
control forms, and will place the evidence in secure storage prior to ending
his/her tour of duty.
14 Supervisor Responsibility: Upon conclusion of the operation, the approving
supervisor shall forward the original Written Safety Plan, Threat Assessment and
Search Warrant Control Review form to the Records Section. Records will
forward those documents to the Sergeant of Investigations where it shall be
maintained in a secure location separate from the investigative case file.
E. Return of the Search Warrant
1. Officers shall observe statutory and administrative requirements regarding return
on the search warrant to include providing an inventory of seized property to the
proper person for property taken, and return of the warrant and delivery of the
property inventory to the appropriate judicial authority within specified time limits.
F. Liaison with the County Attorney
1. Officers seeking search warrants in unusual situations or where the seriousness,
nature or legal complexity of the case so dictates, should review the case witl
the County Attorney's Office prior to seeking a search warrant.
LEG-04.9
G. High -Risk Warrant Service Operations
1. Prior to the execution of a search warrant, the need for tactical support will be
determined. In determining whether or not service of the warrant constitutes a
high -risk operation under the provisions of this policy, the supervisor in charge
must consider several factors:
(a) The characteristics and location of the target premises and the number of
persons likely to be present.
(b) The anticipated need for pre -planned forcible or dynamic tactical entry into
the premises.
(c) Facts and information known or foreseen by officers that indicate an
unusually high potential for violence or physical danger exists. The danger
may originate from persons who are believed to be armed or who have a
past history of violence or from a danger within the environment to be
entered (i.e. explosives, volatile or hazardous chemicals, barriers or
fortification, vicious animals, etc.).
(d) The number of personnel and resources required to safely and adequately
conduct the operation and accomplish the intended objective.
Supervisors should make a threat -assessment to determine whether the
intended warrant service activity requires tactical support. If the assessment
indicates a need for tactical support, the supervisor shall consult with the SRT
Commander and the Commander of Field Operations, who will make the final
determination.
3. Authorization for high -risk warrant service operations must be given by the
Commander of Field Operations or designee.
4. High -risk warrant service operations must be preceded with a written plan to
include, at a minimum, the following:
(a) The procurement of any special equipment or resources needed;
(b) The designation of a radio talk group to be used and any special
communications procedures to be followed;
(c) The specific strategy for approaching, entering, securing and leaving the
target premises. This strategy should include the layout of the premises jif
known), and the identification of any known or anticipated hazards that may
exist.
(d) The specific responsibilities of each officer present during the operation,', AIr
including provisions for the handling and transport of persons arrested;
LEG-04.10
(e) The coordination of any special support needed from outside agencies
regarding the foreseen or anticipated need for resources such as medical or
firefighting personnel, animal control units, etc.;
(f) All requirements regarding deconfliction are met per SOG 14-02.
5. Upon conclusion of the operation, the supervisor designated as having
responsibility for the control and coordination of operation must:
(a) Conduct a debriefing and/or critique of the operation with key participating
personnel. The debriefing should be conducted as soon as practical
following the operation;
(b) Review the associated documentation, paperwork, and any required reports
(e.g., use of force) to insure that current legal requirements and
departmental policy have been met;
(c) Insure that all evidence has been properly documented and placed in secure
custody;
(d) Ensure the preparation of an SRT report, if applicable. The SRT report must
include a summary of the result of the operation and any recommendations
arising from the debriefing.
Strip Searches
A. Iowa Code 702.23 defines strip search as follows: Strip search means
having a person remove or arrange some or all of the person's clothing
so as to permit an inspection of the genitalia, buttocks, anus, female breasts or
undergarments of that person or a physical probe of any body cavity.
B. When conducting strip searches, officers shall follow Iowa code
section 804.30 which states the following: A person arrested for
a scheduled violation or a simple misdemeanor shall not be subjected
to a strip search unless there is probable cause to believe the person
is concealing a weapon or contraband.
C. A strip search pursuant to Iowa code 804.30 shall not be conducted
except under all of the following conditions:
1. Written authorization of the supervisor on duty. Authorizing
supervisor shall approve the final report on the incident.
2. A search warrant is obtained for the probing of any body;
cavity other than the mouth, ears or nose.
3. A visual search or probing of any body cavity shall be
performed under sanitary conditions. A physical probe of a- ,
body cavity other than the mouth, ears or nose shall be
performed only by a licensed physician.
LEG-04.11
4. The search is conducted in a place where it cannot be
observed by persons not conducting the search.
5. The search is conducted by a person of the same sex as
the arrested person, unless conducted by a physician.
D. Subsequent to a strip search, a written report shall be prepared.
The report shall contain approval of the report by the supervisor
authorizing the search, the name of the person subjected to the
search, the names of the person(s) conducting the search, the time,
date and place of the search and, if required by subsection 2, a
copy of the search warrant authorizing the search. A copy of
the report shall be provided to the person searched.
Bill Campbell, Interim Chief of Police
WARNING
This directive is for departmental use only and does not apply in any
criminal or civil proceeding. The department policy should not be construed
as a creation of higher legal standard of safety or care in an evidentiary
sense with respect to third -party claims. Violations of this directive will only
form the basis for departmental administrative sanctions.
(APPENDIX I)
IOWA CITY POLICE DEPARTMENT
SEARCH WARRANT CONTROL REVIEW
The attached search warrant has been reviewed and there is written documentation to support
application. Supportive data under case #
This search warrant does comply with the following Iowa City Police Department as well as State of
Iowa requirements where appropriate.
1 Code of Iowa Chapter 808.
2 General Order 00-01, Search & Seizure.
3 General Order 89-04, Civil Rights.
4 General Order 99-02, Alarnis -Open Door Response.
5 General Order 01-02, Informants.
Officer Making
Approving Supervisor *:
Lieutenant (or higher):
Subtnutted:
Reviewed: /
Reviewed:
Safety Plan Waiver
(Signature)
(Signature)
(Signature)
All provisions of the Search Warrant Control Review are waived with the exception of the post warrant service.
[teason: Location is already secured Records only/DNA only Vehicle only
Dther:
Date
Post Warrant Service
LEG-04,12
1 Leave paperwork at scene of items seized.
Applicant
Supervisor
2 Notification to supervisor of results, concerns and problems.
Applicant
Supervisor
3 Use of Force report if applicable.
Applicant
Supervisor
4 Return of service to the court.
Applicant
Supervisor
Prior to service of the search warrant, copies of the following are to be finished and on file.
1 Original complaint report(s).
2 All follow-up reports.
3 All intelligence reports.,`
4 Copy of search warrant.
5 Copy of signed Search Warrant Control Review.
i
6 Copy of Safety Plan.
7 Any other reports, data, relevant to the search warrant.
*Approving supervisor is responsible to route this form and the safety plan (if applicable) to the Sergeant of Investigations.
LEG-04.13
SEARCH WARRANT CHECK LIST
Deviations from the checklist must be approved by the Supervisor in charge. Prior to County
Attorney and Judge's Signatures:
Satellite photograph of target / neighborhood
Applicant_ Supervisor
2. Photographs of target residence (front, rear, sides as applicable) Applicant
Supervisor
SUPERVISOR MUST BE PRESENT DURING SERVICE OF SEARCH WARRANT
Prior to Execution of Search Warrant:
Briefing with all entry team officers, including supervisor
Applicant_ Supervisor
2. Original complaint report, current investigative reports, intelligence reports
Applicant Supervisor
3. Copy of search warrant
Applicant Supervisor
4. Maintained surveillance on target residence for a minimum of 30 minutes
(Narcotics / Drug Related)
Applicant_ Supervisor
Briefing: Specific Assignments / Tasks:
1. Verification of address of target
Applicant Supervisor
2. Method of entry and order of stack
Applicant Supervisor
3. Exterior residence containment
Applicant Supervisor
4. Photographs — Documentation / Evidentiary / Persons
Applicant_ Supervisor
5. Searchers / Interviewers
Applicant Supervisor "
i I
6. Observation and control of suspects
Applicant Supervisor
7. Communications with dispatch
Applicant Supervisor
8. Historical data of suspects
Applicant Supervisor
9. Update from surveillance officer on scene
Applicant_ Supervisor
10. Written Safety Plan — copies to all officers participating
Applicant Supervisor
11. Staging area discussion
Applicant Supervisor
12 Radio frequency & cell phone numbers
Applicant Supervisor
Post Warrant Service: Moved to page 1.
•.,...k .._
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N
LEG-04.14
LEG-04,15
IOWA CITY POLICE DEPARTMENT
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BACKGROUND OF INVESTIGATION:
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SUBJECT NUMBER ONE
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CHOOSE HOSPITAL HERE
TIME I OBSERVED ACTIVITY
BY
LEG-04.17
10W Y
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*F57. 16gy PROCEDURE
POLYCE
Original Date of Issue Genera/ Order Number
December 20, 1989 89-05
Effective Date of Reissue Section Code
October 20, 2016 1 OPS-01
Reevaluation Date Amends
August2019
C.A.L.E.A. Reference
81.1, 81.2 (see `INDEX AS:
INDEX AS
Clear Text
Communications Procedure C7,i
Joint Communications
Use of Radios
PURPOSE
The purpose of this order is to establish policy to address operational procedures with
the Joint Emergency Communications Center (JECC).
I. Policy: Radio Communications Procedure
The Iowa City Police and Fire Departments have combined with several area agencies
to form the Joint Emergency Communications Center. JECC serves as the emergency
communications system for the city of Iowa City. JECC has its own governing body
separate from the city of Iowa City known as the Joint Emergency Communications
Services Association Policy Board (JECSA). The city of Iowa City shall have two (2)
permanent members on the JECSA board.
ll. Procedure: General
A. The Administrative Services Division shall have primary responsibility and control of
communications and communication equipment for the department.
� ' 1
B. The department's radio operations will be conducted in accordance with the Federal
Communication Commission's (FCC) procedures and requirements at all times. A copy
of the FCC's current rules and regulations shall be available to department personnel
through JECC.
C. JECC shall provide the Iowa City community with twenty four (24) hour toll free voice
and TDD telephone access system for emergency calls for service.
D. JECC shall establish policy for obtaining and recording the following information for
each call for service or self -initiated activity:
1. Control number/Call for Service (CFS) number.
2. Date and time of request.
3. When possible, name and address of complainant.
4. Type of incident.
5. Location of incident.
6. Identification of officers assigned as primary and backup.
7. Time of dispatch.
8. Time of arrival.
9. Time of officer return of service.
10. Disposition or status of reported incident.
E. JECC personnel shall be informed of the supervisor or officer in charge and all
assigned patrol officers at the beginning of every patrol shift. All officers assigned shall
be considered active unless JECC is informed of a change in status.
F. The office of the chief of police shall ensure that JECC has an updated roster
including telephone contact information for all current department personnel.
G. JECC shall maintain a current plan or data on the following:
1. Maps detailing the department's service area
2. A written procedure and telephone numbers for procuring emergency and necessary
external services for the department.
3. A tactical dispatching plan.
H. JECC shall establish an incident interview technique to be utilized by
communications personnel when responding to calls for service. The interview shall
determine if the call for service is an emergency or non -emergency. Regardless of the
type of call, communications personnel shall inform the caller of the department's
response to include direct department assistance or referral to another agency p5
service provider.
I. The department shall maintain victim and witness assistance and referral information
on a 24-hour basis through JECC and through personal response by police officers.
1. Communication personnel shall make a determination, based upon the scope of the,
call for service, if the victim or witness needs direct emergency medical service (EMS)
and/or physical police response or referral. If either the EMS or police are needed,
communications personnel will promptly dispatch appropriate personnel. in cases of a
referral, referral lists are maintained at JECC and agency contact phone numbers shall
be kept updated.
OPS-01.3
2. If physical police response is necessary, the responding officer shall determine
whether overt police actions such as written reports, notifications, arrests or
transportation are required or if the need exists for other types of assistance or
intervention (e.g. contact with Rape Victim's Advocacy Program (RVAP), Crisis Center
of Johnson County, Polk County Family Violence Center, domestic abuse services, or
the Mobile Crisis Unit/CIT).
J. The department provides and utilizes alternate methods of communication to ensure
effective, efficient and proper communication between employees. Methods of alternate
communication include cellular telephones and email.
1. Upon hire, employees are assigned an email account through the city to be used in
day-to-day business operations of the department. Department employees shall adhere
to the city of Iowa City email and internet usage policy and procedures.
2. The Chief of Police may assign cellular telephones to employees when a valid
mission -related purpose exists. While cellular telephones can be used in lieu of radios
and strict adherence of radio procedures is not mandatory, employees must be
professional with their communications. Employees that are issued a department
cellular telephone shall adhere to the city of Iowa City cellular telephone policy and
procedures.
III. Procedure: Recordings
A. All communications occurring on the two-way radio system and any telephone line
answered by JECC shall be recorded. The recording system shall allow for the
immediate play back of the recording while continuing to record any additional
communications.
B. JECC shall establish the manner in which the records are securely handled and
stored, and the length that the records are maintained. The procedure for destruction
for each record set shall also be defined. All federal and state regulations related to the
maintenance of these records shall be followed. All recordings shall be maintained for a
minimum of thirty (30) days. A supervisor may request in writing that a specific official
recording be maintained for a longer period of time, the request shall identify the time
frame to be maintained.
C. Official Recordings: Official recordings are copies of the original recordings,
maintained and distributed specifically by JECC staff. Request for official recordings
should be made, in writing, to the JECC dispatch shift supervisor. Requests from -the
department for official recordings shall be made by a supervisor. When appropriate,
official recordings shall be entered as evidence. When utilized as evidence in a criminal
case, official recordings may be released upon request to the prosecuting attorney's
office with jurisdiction. Official recordings entered as evidence shall be released
pursuant to records policy and state law as established in chapter 9 section.
82. 1.1 (Records) of the Operations Manual. Official recordings maybe released -to
media and other outside entities upon the approval of the chief of police.
D. Recordings shall only be reviewed for official purposes (e.g. procedural review,
complaint investigation). When a recording is needed for a complaint investigation that
may result in suspension, demotion, or termination, it shall be an official recording as
described above.
OPS-01.4
IV. Procedure: Criminal Justice Information Systems
A. All officers and other employees required to access the Iowa and the National Crime
Information Center (NCIC) criminal justice information system shall maintain proper
certification as required. The Administrative Services division shall maintain all needed
records to verify employees have met the standards of each system including initial
certification, periodic recertification as required, and updating approved user access.
B. Criminal justice information systems contain confidential information. All employees
shall be responsible for knowing and understanding the rules and regulations that
govern the use and distribution of this information and will be held accountable for
failure to comply with said rules and regulations.
C. The Criminal Justice Information Services (CJIS) produces a comprehensive
security policy to establish a minimum set of security requirements for access to FBI
CJIS division systems and information and to protect and safeguard criminal justice
information. The department shall adopt this security policy and shall adhere to the
requirements therein. The CJIS security policy shall be provided to all personnel in the
appendix of the Operations Manual.
D. The department shall establish the following positions to comply with the CJIS
security policy. The positions shall assume all roles and requirements as established in
the CJIS security policy.
1. Terminal Agency Coordinator (TAC): The TAG serves as the point -of -contact at the
department for matters relating to CJIS information access. The TAG administers CJIS
systems programs within the department and oversees the department compliance with
CJIS systems policies. The TAG position for the department shall be a designated
Station Master.
2. Local Agency Security Officer (LASO): Due to the technical nature of the duties of
the LASO, the Department's System Analyst (IT) shall assume this role. The LASO
shall have the following responsibilities:
a. Identify who is using the state of Iowa Technology Services Bureau approved
hardware, software, and firmware and ensure no unauthorized individuals or processes
have access to the same.
b. Identify and document how the equipment is connected to the state system.
G. Ensure that personnel security screening procedures are being followed as stated in
this policy.
d. Ensure the approved and appropriate security measures are in place and working as
expected.
e. Support policy compliance and ensure the state of Iowa Technology Services.
Bureau is promptly informed of security incidents.
V. Procedure: Radio Communications
A. When on duty, all officers shall be assigned a portable two-way radio that allows
direct communication with JECC.
B. All police owned vehicles utilized for enforcement activity shall be equipped with a
mounted two way radio system that allows communication with JECC. Exceptions may
OPS-01.5
be granted for vehicles assigned to task force officers as they may be operating under a
different communication system or the vehicle may be utilized for undercover
operations.
C. Each radio shall have an emergency alarm that when activated will send an alert to
communications personnel. The emergency alarm shall be activated by an officer when
they encounter a dangerous situation in which they need immediate backup and are
unable to communicate due to the situation. When an emergency alarm is activated,
communications shall immediately follow their policy and procedures(JECC SOP 6.37).
An emergency alarm activated by an officer shall be handled with the highest priority.
D. Each officer shall be assigned a radio identification number to be utilized during all
radio communications.
E. When on duty, patrol officers shall primarily utilize the two way radio system to
inform communications personnel of their status. This allows communications and
other officers to remain cognizant of the officer's activity and current status. Officers
may also utilize a mobile data terminal or a cell phone to inform communications and
other officers of their status. Officers outside of patrol may utilize the two way radio
system when appropriate to inform communications of their actions. All officers shall be
required to notify communications personnel of any type of enforcement activity and
shall have a two way radio system immediately accessible when taking action. Officers
working covert and undercover assignments are exempt from this requirement.
F. The department uses plain language as their communication protocol. All
transmission will be courteous and professional in nature. At no time shall profanity be
used on the radio.
G. Employees shall be reminded that all radio communications and mobile data
information can become public record according to Iowa Code.
H. Officers shall keep communications advised of their status following their arrival at
calls of unknown or possibly dangerous circumstances.
I. Only pertinent or emergency information shall be transmitted on the two-way radio
system.
J. Officers shall keep their portable radios on when away from vehicle or station based
radios unless the situation warrants otherwise (e.g. bomb threat, officer safety;.etc.).
K. Officers shall keep communications aware of their status. This shall include but is
not limited to the following:
1. Upon initiating police action.
2. On arrival and at completion of an assignment.
3. During lunch periods and breaks.
4. When out of service for any reason.
L. Officers and communications personnel shall not argue or contest assigned, calls.
1. If there is a problem, the involved personnel shall contact their supervisor.
OPS-01.6
2. When there is an issue that needs corrective action, it shall be handled by the
supervisor. Sensitive matters shall be handled over the telephone or in person.
M. Call assignments may be altered by the supervisor based on information, need, and
staffing. Officers not specifically assigned to a call shall refrain from including
themselves. If further assistance is needed, communications personnel or the
supervisor will assign backup units.
N. Officers shall monitor other agencies radio communications as designated by their
supervisor while performing routine patrol duties.
O. In the event of a major crime or medical emergency a specific channel shall be
restricted to use for that incident. Anytime an officer is responding to a dangerous
situation, radio use shall be restricted to emergency communication only. Officers shall
notify dispatch when the situation has been resolved so the channel can be cleared for
normal traffic. Consideration should be given for the use of an encrypted event channel
when possible.
P. Officers shall use the following procedures when stopping a motor vehicle:
1. Upon stopping a vehicle, an officer shall notify communications by giving their radio
number and advising "traffic." They shall stand by until acknowledged by a dispatcher
before giving further information.
2. The officer shall then give license number of vehicle, his/her location. The officer
may also want to include the vehicle color, year, make, model and number of
occupants. Communications shall run a wanted check of the vehicle after being
advised of the license number.
3. After making contact with the occupants of the vehicle, if the officer feels the
situation is under control, they shall advise communications they are "Code 4" After an
officer gives their status as "Code 4" the dispatcher will follow JECC protocol to
periodically check his/her welfare.
Q. When an officer anticipates being out of radio contact, they must notify
communications of their location and the reason for leaving. Communications must be
able to reach the officer at all times. If radio communication is not possible, the officer
may utilize a cellular phone to keep communications informed. Officers working covert
and undercover assignments are exempt from this requirement, however, they must
have the ability to summon assistance from other officers working with them and JECC
shall be made aware of the general location and type of the operation.
R. Officers and communications personnel have access to other agencies via statewide
LEA, mutual aid, and other local radio channels. Use of other channels by officers shall
be limited to emergency or urgent communications. Proper radio procedure shall be
followed when using other channels. a
S. The department shall maintain a system to insure interoperability betiaiedn thg city of
Iowa City radio system and the JECC system.
OPS-01.7
VI. Procedure: Mobile Computers
A. The mobile computer supplements the existing JECC two-way voice radio system.
The mobile computer is not intended to replace two-way voice radio communications.
The mobile computer is intended to be used for sending and receiving information,
making and/or receiving routine inquiries and receiving supplemental information, thus
allowing the voice channels to be more available for high priority traffic. The mobile
computer may also be used to access the department's records and CAD systems.
B. Department personnel using the mobile computer shall be aware that messages
sent on the system may be public records according to Iowa state law. Messages shall
be restricted to business use. No personal messages shall be sent. No obscene,
improper, or off-color language will be used in the messages. Officers shall not allow
unauthorized users to access their mobile computers.
C. It shall be prohibited to do any of the following actions on the mobile computer:
1. Send messages that may be construed as threatening or intimidating.
2. Unless it is incidental to an investigation, or as part of an official inquiry/response or
report, send images that contain nudity, or to send images or words of a sexually
suggestive nature, even if the recipient has consented or requested such material.
3. Send jokes or comments that tend to disparage a person or group because of race,
ethnicity, national origin, religion, gender, sexual orientation, age, or mental or physical
disability.
4. Send messages in any other inappropriate manner
5. Use another employee's computer ID and password without that person's
permission.
D. All usage of the mobile computer to access the IOWA or NCIC systems will be
governed by the IOWA and NCIC system's rules and regulations.
E. Any installation of software or modification of existing software on the mobile
computer shall adhere to the City of Iowa City IT policies.
F. All calls for service shall be dispatched by voice and may also be sent by computer.
Mobile computers shall be utilized by officers for inquiries, to send administrative
messages, to complete needed reports, or to access and update the Department's
records and CAD systems.
G. Officers should perform their own status changes (arrive, busy, available, complete)
on their mobile computer. They will continue to use the radio system to alert other
officers and supervisors of their change in status.
H. All officers should query their own driver license, registration and warrants unless
circumstances require a verbal request.
I. When able, officers shall obtain all incident times and numbers by mobile computer.
Officer shall be responsible for entering the call narrative and disposition unless unable
to do so.
J. When the mobile computer system is down, all activity shall revert back to the two-
way voice radio system.
K. Officers shall practice good officer safety techniques. Do not allow operation of the
mobile computer to reduce situational awareness, especially in cases involving violators
or suspects.
L. Caution shall be exercised when operating the mobile computer when the vehicle is
moving. If the operation can be done in a safe manner, an officer may operate the
mobile computer while the vehicle is moving. When operation of the mobile computer
requires more than a few key strokes or the touching of the computer screen, the officer
shall pull over at a safe location to perform the task.
VII. Procedure: Response to Calls for Service:
A. One unit will generally be dispatched to handle routine calls for service. The nature
of some calls, however, may require additional units for purposes of safety and
effectively handling the call. Under most circumstances, two (2) or more units will
initially be dispatched in the following instances:
1. Officer calling for help or an activation of an emergency alert.
2. Alarms.
3. Suspicious persons/circumstances.
4. Domestic disturbances.
5. Any call involving a weapon.
6. Crimes in -progress.
7. Any call that poses a risk to the officer.
8. Any call where, in the judgment of a supervisor, additional units are needed.
B. Supervisors may use their discretion when responding to calls; however, there are
circumstances that require the presence of a patrol supervisor for the purpose of
assuming command. These incidents shall include but not be limited to:
1. Officer calling for help, assaulted, or an activation of an emergency alert (not
including false alerts).
2. Death Investigations
3. Natural or man-made disasters.
4. Hostage/barricaded subject.
5. Injured officers.
6. Fatal or potentially fatal accidents.
7. Accidents involving department vehicles or department employees. ?
8. Incidents where a forced entry is necessary.
9. Vehicle and foot pursuits
10. Shootings or stabbings.
11. Use of Force involving Taser, OC or injury to subject or officer,-
O PS-01.9
VIII. Procedure: Entering information into Iowa NCIC systems
A. Station Masters shall be responsible for entry and removal of all information into the
Iowa and NCIC computerized data systems for the Iowa City Police Department.
B. When meeting Iowa/NCIC system requirements for entry, officers taking a report in
which a vehicle, article, gun, or security have been reported stolen shall request the on
duty Station Master to enter said item. When an item is entered in the Iowa/NCIC
system, officers are required to document the entry in the narrative section of the
incident.
C. When meeting departmental and Iowa/NCIC system requirements for entry, officers
taking a report on a missing person shall be required to immediately forward the
information to the on duty Station Master for entry of the missing person in the
Iowa/NCIC system. The on duty Station Master shall ensure there is an immediate
entry into the system.
D. Arrest warrants are entered by a Station Master after receiving them from the Clerk
of Court and the Records Section.
E. When an item or missing person is located and requires removal from the
Iowa/NCIC system, the officer responsible for the recovery shall notify the on duty
Station Master to remove the entry by providing a supplemental report requesting the
removal. The officer shall also submit the supplemental report to the main case file.
When the on duty Station Master is notified by another agency that an item or person
has been located, the officer/investigator assigned the case shall be notified and be
responsible for producing a supplemental report requesting the removal with copies to
the on duty Station Master and the main case file.
F. On a monthly basis, the state of Iowa shall produce a validation report for the
department on all outstanding entries into the Iowa/NCIC system entered for the Iowa
City Police Department. On duty Station Masters shall be responsible for researching
said entries for validation. When it is discovered that an item or person is no longer
valid for entry in the Iowa/NCIC system, the Station Master shall remove the entry and
produce a supplemental report stating it has been removed.
Bill Campbell, Interim Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or
proceeding. The department policy should not be construed as a creation of a hi
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
OPS-02.1
POLICE
VEHICLE
PURSUITS
Original Date of Issue General Order !Number
February 10, 1999 99-01
Effective Date of Reissue Section Code
October 20, 2016 1 OPS-02
Reevaluation Date Amends
October, 2017 1 Previous version of 99-01
C.A.L.E.A. Reference
1.2.7, 1.3.2, 41.2.1, 41.2.2, 41.2.3 (see "INDEX AS:")
INDEX AS:
Use of Force Tire Deflation Devices -
Vehicle Pursuits
Reports
I. PURPOSE
It is the purpose of this policy to state the guidelines to be followed during vehicular
pursuits.
II. POLICY: The Iowa City Police Department does not allow vehicle
pursuits except in extreme circumstances. The initiation of a pursuit is justified
only when, in the officer's judgment, the necessity of immediate apprehension
outweighs the level of danger to the officer and public created by the
pursuit and the pursuit would be allowed by the pursuit matrix contained
herein. This evaluation must continue throughout the course of the pursuit by
the officer and his/her supervisor. All pursuits will be conducted in strict
accordance with section 321.231 of the Code of Iowa and all emergency
vehicles will utilize both audible and visual signaling devices when engaged in
OPS-02.2
III. DEFINITIONS
321.231 Authorized emergency vehicles and police bicycles.
1. The driver of an authorized emergency vehicle, when responding to
an emergency call or when in the pursuit of an actual or suspected
perpetrator of a felony or in response to an incident dangerous to
the public or when responding to but not upon returning from a fire
alarm, may exercise the privileges set forth in this section.
2. The driver of any authorized emergency vehicle, may:
a. Park or stand an authorized emergency vehicle, irrespective of
the provisions of this chapter.
b. Disregard laws or regulations governing direction of movement
for the minimum distance necessary before an alternative route
that conforms to the traffic laws and regulations is available.
3. The driver of a fire department vehicle, police vehicle, or
ambulance, or a peace officer riding a police bicycle in the line of
duty may do any of the following:
a. Proceed past a red or stop signal or stop sign, but only after
slowing down as may be necessary for safe operation.
b. Exceed the maximum speed limits so long as the driver does
not endanger life or property.
4. The exemptions granted to an authorized emergency vehicle under
subsection 2 and for a fire department vehicle, police vehicle or
ambulance as provided in subsection 3 shall apply only when such
vehicle is making use of an audible signaling device meeting the
requirements of section 321.433, or a visual signaling device
approved by the department except that use of an audible or visual
signaling device shall not be required when exercising the
exemption granted under subsection 3, paragraph "b" of this
section when the vehicle is operated by a peace officer, pursuing a
suspected violator of the speed restrictions imposed by or pursuant
to this chapter, for the purpose of determining the speed of travel of
such suspected violator.
5. The foregoing provisions shall not relieve the driver of an
authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons, nor shall such provisions
protect the driver from the consequences of the driver's reckless
disregard for the safety of others.
NOTE Police bicycles shall be operated in accordance with General
Order 00-07 Police Cyclist.
The operator of a police bicycle, may, in the line of duty, do any of
the following: Proceed past a red or stop signal or stop sign, but
only after slowing down as may be necessary for safe operation;
Exceed the maximum speed limits so long as the driver does not
endanger life or property.
Pursuit - For the purpose of this policy, pursuit means chasing a fleeing suspect who is
exceeding the posted speed limit or driving in an evasive or unsafe manner.
IV
OPS-02.3
PROCEDURES
A. Initiation: The pursuing officer must carefully consider the safety of
persons and property before engaging in a vehicular pursuit. Some of the
factors that should be considered when determining whether to initiate,
continue or terminate a vehicular pursuit are:
1. Time of day — high speed pursuits occurring during a time when
there is a high level of activity (businesses, schools), are normally
more hazardous than those occurring during periods of low activity.
2. Volume of vehicular traffic — pursuits occurring during periods of
heavy traffic flow are more hazardous than those occurring at other
times.
3. Location of pursuit — pursuits through residential areas or along
streets near or adjacent to schools are normally more hazardous
than those in lightly populated areas.
4. Weather conditions.
5. Road conditions.
6. Speed involved.
7. Nature of the offense — pursuits for persons suspected of
involvement in crimes against persons are viewed as more
justifiable than those for persons suspected of traffic or other
misdemeanor violations or property crimes. However, there shall
be no assumption that the commission or suspected commission of
a felony constitutes automatic authorization to pursue by vehicle.
8. The condition of the police vehicle should be considered.
9. Consideration should be given to the driving skills of the pursuing
officer.
10. Consideration should be given to whether the offender can be
identified and therefore apprehended by other means.
B. Officers shall be familiar with and use the following Pursuit Decision Matrix
as guidance in determining whether to initiate or continue a pursuit. The
Pursuit Decision Matrix is very similar to the Use of Force Continuum as
set out in the Department's Use of Force policy. It is a guide designed to
assist the officers in their use of discretion and shall be followed when
making vehicular pursuit decisions. The degrees of risk associated with
vehicular pursuit in specific circumstances are defined as follows:,
PURSUIT DECISION MATRIX GUIDES
LOWER RISK
1. Marked vehicles
2. Straight roads, good
3. Few intersections
surfaces, clear line of sight
4. Few or no pedestrians
5. Good weather
6. No hazardous maneuvers by violator
7. Speeds at or less than 20 m.p.h. over the posted limit
8. Officer is calm and in control
9. Lack of special circumstances (i.e., school zones, hospitals, etc.)
Va '
MODERATE RISK
1. Some intersecting streets (i.e., residential area)
2. Light pedestrian traffic
3. Moderate traffic, little congestion
4. Speeds 20 m.p.h. greater than the posted speed limit
5. Officer generally calm, under control
6. Some hazardous, but not extreme maneuvers (i.e., crossing center
line to pass vehicles, sudden lane changes) by the violator.
HIGH RISK
1. Frequent intersecting streets (i.e., a business district)
2. Poor weather, slippery streets, low visibility
3. Blind curves or intersections, narrow streets
4. Numerous pedestrians
5. Heavy, congested traffic
6. Speed twice the posted speed limit, or greater than 80 m.p.h.
7. Extremely hazardous maneuvers (i.e., driving against oncoming
traffic, failing to stop for red lights) by the violator
8. Numerous vehicles in pursuit
9. Officer excited, not in full control of emotions
10. Existence of special circumstances (i.e., school zones, hospitals,
etc.)
NOTATION
The courts have decided that the officer will be judged from the perspective of a
reasonable officer on the scene (Graham V. Conner). With this in mind, officers should
give serious consideration to all of the factors before deciding to initiate a pursuit and
continue to evaluate the need to pursue versus terminating the pursuit.
= iM
PURSUIT DECISION MATRIX
NATURE OF
LOWER RISK
TWMGFr
OFFENSE
VIOLENT FELONY
May Pursue.
May Pursue.
IMMINENT
Continue To Assesssess
7Risk.
Discontinue If Risks
THREAT
Risk.
Exceed Known
Threat To Public
Safety If Capture Is
Delaved.
FELONY -VIOLENT
May Pursue.
May Pursue.
May Pursue.
CRIMES
Continue To Assess
Continue To Assess
Discontinue If Risks
Risk.
Risk.
Exceed Known
Threat To Public
Safety If Capture Is
Delayed.
ONY-
May Pursue.
May Pursue.
Discontinue
PERTY
Continue To Assess
Continue To Assess
OR
MES
Risk
Risk
DoNot Pursue
DEMEANOR
Discontinue
Discontinue
Discontinue
TRAFFIC
OR
OR
OR
LATIONS
I
Do Not Pursue
Do Not Pursue
Do Not Pursue
T ARE SAFET
ELATED
OR
DO NOT PURSUE
DO NOT PURSUE
DO NOT PURSUE
RACTIONS
T ARE NOT
Officers must continually assess the nature of the offense against the risk factors. An
officer's response must be consistent with the Pursuit Decision Matrix.
C. Notification - When a motor vehicle pursuit is initiated, it shall be
immediately reported to the Emergency Communications<Operatot by the
initiating officer. The initial information will include:
1. The reason for the pursuit >
2. The location, speed, and direction of travel
3. The description of the fleeing vehicle, including license plate
number.
4. The number of occupants and description of occupants if observed.
5. The officer will update the information as it becomes available or
changes.
D. Communication Center Responsibilities - Communications during a pursuit
is vital to the safe apprehension of the offender as well as the safety of the
officers and bystanders. Emergency communications during pursuits will
be conducted according to the established policies and practices of the
OPS-02.6
Joint Emergency Communications Center and currently includes the
following:
1. Immediately upon receiving information that an officer is in pursuit,
the EGO will advise all other non -emergency radio traffic to move to
another channel and give the pursuing officer priority use of Law 1.
The ECO will advise the pursuing officer of any pertinent
information concerning the area of the pursuit.
2. Notify a watch commander/supervisor of the pursuit in progress.
3. The ECO shall record on the CAD log all the information furnished
by the officer during the pursuit.
4. As long as the pursuit is continued, the ECO will manage the
pursuit communications by re -broadcasting transmissions of
relevance to other units involved.
5. Contact surrounding agencies and advise them of the pursuit. We
do not encourage involvement of other agencies in the pursuit other
than for perimeter control and assistance in attempts to identify the
violator unless specifically requested otherwise.
6. When the pursuit leaves the city limits, or it is reasonably imminent
that it will, the ECO will contact the appropriate law enforcement
agency with necessary information.
7. As time permits, the ECO will run vehicle and registered owner
information and broadcast pertinent information.
E. Supervisory Responsibilities
1. A supervisor shall assume control of all pursuits. This can be
accomplished through radio communications. Supervisors will
monitor all pursuits and approve any special tactic that will be used.
2. In the event the supervisor initiates the pursuit, they should
relinquish that position as soon as another unit becomes available
and assume control of the pursuit as specified in subparagraph (1)
above.
3. The supervisor's foremost considerations shall be officer and
bystander safety, methods of identifying the fleeing suspect, tactics
to stop the fleeing vehicle, and coordination of all officers.
4. Supervisors shall intervene and correct any misuse of police
personnel involved in the pursuit.
5. The supervisor may, at any time, order the termination of the
pursuit when, in their judgment, the necessity of apprehension is
outweighed by the level of danger created by the pursuit.
6. Supervisors shall also assure that sufficient patrol strength. -Is
maintained within the city to handle routine calls for service:'
7. The supervisor in charge of the incident shall approve any special
tactics to stop the vehicle.
F. Pursuit Tactics
NOTE. Pursuit at high speeds under the best of conditions is -an
extremely dangerous situation. Any tactic contemplated when high
speed is involved, requires advance planning, taking into
OPS-02.7
consideration the factors surrounding the incident at hand. Safety is
the foremost consideration. The following are some possible
alternatives to consider when determining methods of stopping the
fleeing vehicle.
1. Consider alternatives, through radio communication and the
assistance of other police officers. A determination should be
made as to whether the offender can be identified and
apprehended later.
2. Use fuses or traffic cones to set up an apparent roadblock in
advance of the pursued vehicle. Remember to clear the road and
select a safe location.
3. Use tire deflation devices to bring vehicles to a controlled stop.
Prior to deploying tire deflation devices, the officer should use the
police radio to notify others of the pending deployment to include
location of deployment.
4. Do not use the spotlight focused on the back window of the
pursued vehicle.
5. Stationary roadblocks are prohibited
6. Moving roadblocks are prohibited.
7. Ramming is prohibited.
8. Specialized Police Vehicles
a) Officers operating unmarked vehicles, equipped with visual
and audible signaling devices, may engage in pursuits only
when the fleeing vehicle presents an immediate threat to
persons or property and then only until a marked unit is
available to assume the pursuit, at which point the unmarked
will withdraw and serve only in a support role.
b) Police vehicles without emergency equipment, i.e., visual or
audible signaling devices, SHALL NOT ENGAGE IN
PURSUITS with one exception. In those cases where the
fleeing vehicle presents an immediate threat of death or
serious injury, they may participate until marked police units
arrive.
9. Following the Fleeing Vehicle
a) All units will be spaced in such a manner to allow time to
react to evasive maneuvers of the fleeing vehicle or another
police vehicle.
b) Officers will not pursue the fleeing vehicle the wrong way on
interstate or controlled access roadways, or one way streets,
unless specifically authorized to do so by a supervisory
officer.
10. Aid to Outside Agencies
a) Whenever units of another law enforcement agency are
engaged in a pursuit and request assistance -from the.
Department, the requesting agency shall advise the
emergency communications center of the nature of the
offense and the description of the fleeing vehicle before a
police vehicle from the Department joins in the pursuit. If an
OPS-02.8
outside agency contacts an Iowa City officer directly,
requesting assistance in a pursuit, it will be the responding
officer's responsibility to advise a watch supervisor and
communications of the request and the circumstances
surrounding it.
b)
The watch commander/supervisor must approve the request
before any action is taken.
c)
No more than two Iowa City Police Vehicles will actively
become involved in a pursuit initiated by an outside agency.
This DOES NOT preclude other officers from deploying tire
deflation devices, blocking intersections or otherwise
assisting the outside agency.
d)
In instances where a vehicle is pursued by two or more
vehicles from an outside agency only one Iowa City Police
Vehicle may actively become involved in the pursuit. The
operator of this vehicle shall communicate the speed,
direction of travel and other information to the Iowa City
Emergency Communications Center.
11. Firearms
a)
Except under the following circumstances, shooting from or
at a moving vehicle is prohibited.
(1) When an occupant of the fleeing vehicle is utilizing
deadly force against the police officer or other persons.
(2) As a last resort to prevent death or serious injury to the
officer or other person(s).
(3) As a last resort to apprehend a person who has just
committed a felony resulting in death or serious injury.
b)
The discharge of firearms shall not be utilized when the
circumstances do not provide a high probability of striking
the intended target or when there is a substantial risk to the
safety of other persons, including risks of causing vehicle
accidents.
12. Number of Pursuit Vehicles
a)
The number of Iowa City Police vehicles actively involved in
a pursuit should be limited to two vehicles, a primary unit
and a secondary unit. Other officers will be kept informed of
the pursuit and should be in a position to assist if the pursuit
enters their area of responsibility.
b)
There will be no caravan of police vehicles attempting to join
the pursuit.
c)
There will be no attempt by officers engaged in the pursuit to
pass other units involved in the pursuit unless permission is
given by the supervisor in charge of the pursuit. ;
d)
Secondary units shall provide backup to the primaryunit and
may assume the pursuit should the primary unitbecome
disabled. Secondary units should also ensure that
communications of pursuit status is maintained.
O PS-02.9
V. TERMINATION OF PURSUIT
A. Pursuit shall be terminated under any one of the following reasons:
1. A supervisor or higher authority orders the pursuit terminated.
2. Upon the determination of the pursuing officer that, the danger to
the officers or others in the area outweighs the necessity for
immediate apprehension.
3. The offense is a traffic infraction, misdemeanor or other non-violent
felony and the identity of the violator is known.
4. Visual contact is lost or the distance between the officer and the
pursued vehicle is so great that further pursuit is futile.
5. The pursuing officer believes that the fleeing vehicle is being
operated by a juvenile and the offense constitutes a traffic
infraction, misdemeanor, or non-violent felony.
6. When there is an equipment failure involving the emergency lights,
siren, radio, brakes, steering or other essential mechanical
equipment.
B. While not necessarily dictating immediate action, serious and continuing
consideration should be given to termination of a pursuit under the
following conditions:
1. Environmental factors such as rain, fog or darkness substantially
increase the danger of the pursuit.
2. Road conditions are congested by traffic or pedestrians, such as, at
rush hour or in the area of any school.
C. The termination of a pursuit does not prohibit following the pursued vehicle
while obeying all traffic laws, or remaining in the area to re -initiate contact
if circumstances dictate.
VI. REPORTING
A. The pursuing officer will forward a written report detailing the pursuit to the
Division Commander before completing their tour of duty. The watch
supervisor will forward a written report to the Division Commander within
10 days unless an extension is allowed by the Commander of Field
Operations. The reports shall include:
1. Evaluation of the circumstances involved.
2. If the initiating officer followed the required procedures.
3. Were there other units involved and did they follow, procedures?
4. Did communications perform their responsibilities?.
5. Did supervisors perform their responsibilities?
6. Was force used to stop the vehicle, i.e. controlled stepping
devices?
7. Were procedures followed regarding termination of pursuits?
B. The supervisor of the unit initiating the pursuit shall be responsiblefor
submission of a written analysis and critique of the pursuit through the
chain of command to the Chief of Police. The report shall include an
OPS-02.10
evaluation of the pursuit referring to the circumstances and adherence to
this policy.
C. A vehicular pursuit is deemed a "use of force", hence a Use of Force
report must be completed. The "Supervisory Review" needs only to note
that a separate pursuit analysis was completed and list any policy
violations.
D. As a vehicular pursuit is deemed a "use of force", the Department's Use of
Force policy and Use of Force continuum apply to vehicular pursuits.
E. On an annual basis a documented analysis of all pursuits for the past
calendar year shall be completed. This report shall be completed by the
Sergeant of Planning and Research and be forwarded to the Chief of
Police. The analysis is intended to reveal patterns or trends that indicate
training needs and/or policy modifications.
VII. TRAINING
Officers shall receive annual training in the use of forcible stopping
techniques, i.e. STOP STICK® or any other device/technique authorized by the
Chief of Police or designee.
Samuel Hargadine, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
OPS 21.1
DETAINEE
PROCESSING
Original Date of Issue General Order Number
September 27, 2007 07-02
Effective Date of Reissue Section Code
October 14, 2016 1 OPS-21
Reevaluation Date Amends / Cancels
October 2017 1 OPS-21 Previous Version (2008)
C.A.L.E.A. Reference
Chapter 71
1. PURPOSE
The purpose of this order is to define the areas of the Iowa City Police
Department where Detainee Processing is to occur. It is also the goal of this
policy to establish parameters for officers to follow while processing detainees at
the Department.
II. POLICY
It is the policy of the Iowa City Police Department to process temporary
detainees in a safe and efficient manner. Facilities used for processing shall be
maintained with this goal in mind.
Ill. DEFINITIONS
Detainee: A person in the custody of agency personnel and whose freedom of
movement is at the will of agency personnel.
Temporary Detention: Detention of a person for the purpose of processing of
testing. Temporary detention is measured in minutes or hours and does not
involve housing or feeding detainees.
OPS 21.2
Processing: Pre -booking activities involving a detainee in custody (i.e.
fingerprints, breath tests)
Authorization
Temporary detention of persons in custody may be required while officers
conduct OWI tests or fingerprint juveniles. Detainees under these conditions
should be carefully monitored since they will be in close proximity to officers.
The following rooms are authorized as temporary detention/processing areas:
1. Interview Room 1
2. Interview Room 2
3. Room 114
Training
Only sworn personnel will be used to monitor those persons held in temporary
detention. Personnel who monitor detainees must receive training on procedures
to be followed in handling such detainees at the time of their hiring and at least
every three years thereafter. Basic academy training will not be considered
sufficient for this purpose. An exception to this is dispatch personnel that have
the ability to monitor these areas through the use of closed circuit video. The
ability for dispatch to monitor detainees shall not be a substitute for the presence
of sworn personnel in the detention/processing area.
Training for this purpose will include methods for summoning assistance,
restraint equipment available in the temporary detention areas, and methods for
dealing with uncooperative detainees. These methods should include options for
immediate transfer to jail or the delay of testing or processing until a later time.
IV. PROCEDURES
A. Documentation
Whenever a detainee is brought to the Iowa City Police Department for
temporary detention, at a minimum, a radio log will reflect the name of the
detainee, their age, the reason being detained and the time the person
arrived. Whenever such person is released, that time will be reflected in the
radio log. The intent of this paragraph is to document the length of time
persons are held in temporary detention.
B. Stationmaster/Dispatcher Responsibilities
Emergency Communication personnel shall monitor the detention areas when
detainees are being processed. When a detainee is brought to the Police,
Department, they shall record within the call log the detainee's name, date of
birth, reason for detention (OW I processing, fingerprinting and/or
. .i
OPS 21.3
investigative) and the date and time out at the facility. If a fixed object is used
to secure a detainee, the Stationmaster or Emergency Communication
personnel shall record (as an officer change of status) the time secured in
station (Unit Status "S") and the time released from restraint to fixed object
(Unit Status "R"). If field sobriety tests are conducted in the hallway off the
Gilbert Street entrance, Emergency Communication personnel shall inform
other officers not to enter until those tests are complete.
C. Processing and Searching
Upon arrival at the Iowa City Police Department a subsequent search shall be
performed. It is recommended that a second officer be present for this search
if possible and after this secondary search has been conducted, necessary
reports, testing, and other processing should occur.
D. Locked Spaces
Detainees will not be secured in locked spaces within the Police Department.
E. Securing to Fixed Objects
Officers may only secure detainees to fixed objects designed for such use.
Examples include cuff rails, bars or bolts, and chairs or benches designed to
cuff detainees to. Detainees shall not be handcuffed to any object not so
designed as a means of preventing escape. If a detainee is secured to a fixed
object, the officer shall notify the Emergency Communications Center of the
time the detainee is secured in the station and the time the detainee is
released in station. The Emergency Communications Center shall then enter
the appropriate unit status codes to the call for service.
F. Separation of Males, Females, and Juveniles
To every extent possible, detainees shall be kept separate in different rooms
by sex and juvenile detainees shall be kept separate in different rooms from
adult detainees.
Securitv
A. Weapons Control
Firearms are not permitted into any space actively being used as a temporary
detention area. Prior to removing handcuffs from the detainee, firearms will
be secured in the Iockboxes maintained for that purpose in the
detention/processing areas.
B. Emergency Alarms
All officers working in the processing area shall be equipped with a portable
radio. That radio shall be operational and shall always be within reach of, the
officer in the processing area. An emergency request for assistance may be
made by voice transmission or by means of activation of the emergency,
button on the radio. The exception to this is that radios shall not be turned on
OPS 21.4
when in proximity of DataMaster testing. Additionally, fixed alarm buttons
which alert the Stationmaster are present in the detention rooms and may
be used if assistance is needed.
C. Access to Area
When an area is being used for temporary detention, only those personnel
with reason to be there may enter or remain in that area after securing their
firearm in a lock box. If the hallway off the Gilbert Street entrance is actively
being used for sobriety tests, officers without prisoners or cause to be in the
area and other employees shall enter by an alternate route. Other officers
with prisoners may enter but only when the hallway itself is not being used for
sobriety tests. The Stationmaster will advise arriving officers if the hallway is
actively being used for sobriety tests.
D. Escape Prevention
In order to limit the risk of escape the following precautions should be
followed:
- Handcuffs should remain applied when feasible
- The detainee should be seated away from doors and windows
- Sufficient personnel should be present to physically prevent escape
E. Visual Observation
Detainees will be under constant visual observation.
F. Monitoring
Remote audio and/or video monitoring of detainees shall not substitute for the
physical monitoring of detainees by sworn personnel.
G. Detainee Transport
Parking on Gilbert Street should be avoided by Personnel to enable officers
with detainees easy access to the Police Department.
Phvsical Conditions
Areas used as a temporary detention area must meet basic standards. They
must be lighted, heated and/or cooled as required. There should be no
hazards to officers or detainees.
Water, restrooms, and other needs will be met as required. In cases where
this requires the detainee to be removed from the temporary detention area,
the detainee will be escorted at all times by at least one officer.
Inspections
Areas that may be used as temporary detention areas will be inspected on a
weekly basis by the Captain of Administrative Services or designee. This
OPS 21.5
inspection will be for cleanliness and to determine if any unsafe conditions are
developing.
At least once every three years the Chief of Police or designee will review the
components of this section and the detention areas to determine if they
continue to best suit the requirements of the department.
Bill Campbell, Interim Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or
civil proceeding. The department policy should not be construed as a creation of
higher legal standard of safety or care in an evidentiary sense with respect to
third -party claims. Violations of this directive will only form the basis for
departmental administrative sanctions.
OPS-07.1
CANINE
Original Date of Issue General Order Number
April 21, 1999 99-04
Effective Date of Reissue Section Code
October 18, 2016 OPS-10
Reevaluation Date Amends
January 2018 1 OPS-10 Previous Version
C.A.L.E.A. Reference
1.2.9 1 (see "INDEX AS:")
INDEX AS:
Canine
Reports
Searches
Use of Force
I. PURPOSE
It is the purpose of this policy to provide guidelines for the management and use of the
department's canine unit. The utilization of canines requires adherence to procedures
that properly control their use and channel their specialized capabilities into acceptable
crime prevention and control activities.
II. POLICY
It is the policy of the Iowa City Police Department to use trained canine teams in
acceptable fashion to augment the traditional law enforcement and crime prevention
functions of the Iowa City Police Department. The Department recognizes that under
certain circumstances that the use of a canine constitutes a use of force and must
comply with the Departments Use of Force policy.
OPS-07.2
III. DEFINITIONS
Canine (K-9) Team: an officer handler and his/her assigned police canine.
Canine Supervisor: an ICPD sergeant selected/designated by the ICPD
Command Staff. The Canine Supervisor reports directly to the Commander of
Field Operations.
IV. PROCEDURES
A. CANINE UTILIZATION
1. The Department's canine team, if available, may respond on a 24-
hour basis to: conduct building searches; assist in the arrest or
prevent the escape of serious or violent offenders; protect officers
or others from death or serious injury; track suspects or locate lost
or missing persons, or hidden evidence of a crime, and detect the
presence of narcotics or explosives.
a. Canine teams may be assigned "routine" calls -for -service when
not engaged in canine specific calls -for -service or training.
b. Canine teams may be called upon to do public demonstrations
as assigned.
2. Canine handlers are responsible for determining whether a
situation justifies canine use and the appropriate tactical measures
that should be taken. Where the on -scene supervisor disagrees
with the handler's tactical assessment, the Canine Supervisor or
the Commander of Field Operations (or designee, when the
Commander of Field Operations is absent) should be notified and
his/her decision followed. Where time does not permit such
notification, the directions of the on -scene supervisor shall be
followed.
a. Police canines shall not be handled or given commands by
anyone other than the assigned handler. Should the assigned
handler be injured or otherwise unable to command the canine,
the canine should be removed from the scene.
3. Canine team assistance shall be requested by patrol officers
through an immediate supervisor. Communications center
personnel will forward the requisite information concerning the
incident to the canine handler or unit supervisor. Requests from
the Investigative Section should be routed through the Investigative
Supervisor on duty, or if unavailable, the request should be routed
through the on -duty watch commander. In instances where the
request comes from an active SRT response, the request will be
routed through the SRT supervisor in charge of the scene.
B. BUILDING SEARCHES FOR SUSPECTS IN HIDING
A primary use of canines is for locating suspects in buildings or related
structures where search by officers would create an unnecessary risk to
officers and/or bystanders. All building searches or entries shall comply
with departmental directives pertaining to building searches and entry. In
addition the following guidelines apply when a canine unit is used in the
search:
1. The building perimeter should be secured by responding personnel.
OPS-07.3
2. In all cases, an attempt shall be made to contact the building's owner
or tenant, an attempt shall be made to determine whether there may
be tenants or others in the building, and an attempt shall be made to
ascertain the building's layout.
3. When a canine building search is anticipated, a preliminary search by
officers should not be conducted, as this will interfere with the canine's
ability to discriminate scents.
4. On -scene personnel should take the following steps in preparation for
the canine search:
a. Evacuate all tenants, workers or others from the facility.
b. Request that all air moving equipment be shut down.
5. The canine shall not be used to search facilities that contain
substances potentially harmful to the animal unless overriding risk to
human life is present. The presence of such substances is a factor
weighing in favor of an on -lead search of the property.
6. Unless exigent circumstances exist, prior to commencing the search,
the handler or other designated person shall loudly announce that
there are police officers on the premises and that a trained police
canine will be released if the individual does not surrender. This will be
accompanied by the warning that the canine will find and bite the
individual. This statement shall be repeated at least once. In the
absence of exigent circumstances the canine unit shall wait at least 3
minutes prior to entry of the structure, to allow the suspect a
reasonable opportunity to respond. In multilevel, partitioned or large
single level structures said announcement shall be repeated as
reasonably necessary to apprise occupants of the structure that there
are police officers on the premises and that a trained police canine will
be released if the individual does not surrender. For example, this
standard may require a repetition of the announcement at new levels,
entryways or portions of the structure distant from the original location
of entry. To the extent possible, any warning should be communicated
in a manner so that it is recorded by an in -car or body -cam recorder, or
given over an open radio channel for capture on the voice data logs.
The time and location of the announcement(s) should be relayed to
communications for inclusion in the CAD but in any case shall be noted
in the canine officer's incident report.
7. Prior to entry:
a. All exits should be under containment. Officers should be
positioned in such a manner as to provide a view of the site without
exposing them. Containment means the suspect cannot escape
from the perimeter without being observed.
b. Radio communications switched to a designated frequency, and
limited to a tactical nature. B. The decision as to whether the search should be conducted on- or off -
lead will be made by the handler based on the information available at
the time. The presence of substances potentially harmful to the canine
is a factor weighing in favor of an on -lead search.
9. When apprehending suspects in these or related circumstances,
canines shall be commanded to disengage as soon as the suspect is
subdued or readily complies with officer's commands.
10.Assisting officers should not walk between the canine and the suspect
unless specifically instructed to do so by the handler.
11.The arrestee should not be transported in the same vehicle with the
canine unless alternative transportation is not available and immediate
transport is essential for safety or security reasons.
C. REPORTS REQUIRED
Use of specially trained police canines for law enforcement responsibilities
constitutes a real or implied use of force. In this as in other cases, officers
may only use that degree of force that reasonably appears necessary to
apprehend or secure a suspect as governed by this department's Use of
Force policy. In all instances where a canine is deployed, a supplemental
report shall be submitted by the handler, or in the event he/she is unable
to complete the report, by a watch supervisor. The supplemental report
shall be forwarded to the Canine Supervisor. Whenever the canine unit
apprehends a person, the handler shall complete a Use of Force Report.
Whenever a canine apprehends an individual with physical contact,
whether or not in the line -of -duty, the handler shall:
1. Summon a supervisor to the scene.
2. Examine the affected area to determine the seriousness of the bite
or injury.
3. Obtain medical treatment for the person; medical personnel should
examine the affected area irrespective of the perceived seriousness
of the bite or injury.
4. Take color photographs of the affected area, if possible, prior to
and following medical treatments. A "full body" photograph should
also be included.
5. Complete an incident report whenever it is known or alleged that a
canine has apprehended or otherwise injured an individual. The
report shall detail the circumstances surrounding the incident, the
identity of the individual involved and any witnesses, the extent of
the injuries, if known, and measures taken in response to the
incident. A Use of Force report shall also be filled out. Copies of
the incident report shall be forwarded to the Canine Supervisor and
the Commander of Field Operations prior to the end of the watch.
D. CROWD CONTROL
1. Canine teams shall not be used for crowd control for peaceful
demonstrations or gatherings.
2. Canine teams shall be used for crowd control only upon approval of
the watch commander or canine supervisor, to protect against theft
or property damage during a riot or unlawful assembly (see IA code
chapter 723) that cannot be controlled by other means. In,these
situations canines shall:
a. be short leashed at all times unless no other means are
available to protect an individual from serious injury; and
b. not initiate any offensive action, unless to guard against
imminent loss of life or possible bodily injury.
OPS-07.5
E. DRUG DETECTION
Use of police canines in a drug detection capacity is authorized in the
following situations and under the following conditions:
1. The canine unit shall maintain records that document the use and
proficiency of individual canines in drug detection. This
documentation shall be readily available to canine officers and
others who may need it when seeking warrants.
2. Random exploratory sniffing of luggage, packages or other
inanimate objects may be conducted in public facilities such as
airports, and bus terminals, as authorized by the canine unit
supervisor or other authorized command officer and in accordance
with State and Federal law
-
a. When a drug detection canine alerts to luggage or related items,
a warrant or consent to search must be obtained before it is
opened unless exigent circumstances exist to justify a
warrantless search.
3. The use of drug detection canines in public schools is permitted
only when:
a. The school's principal or designated authority requests or
approves use of the canines.
b. The search is limited to inanimate objects in public areas and
the exterior of student lockers unless reasonable and articulable
suspicion exists to gain admission to lockers and related areas
where there is a reasonable expectation of privacy. (see Iowa
Code Chapter 808A, Student Searches)
4. Drug -sniffing canines may be used to sniff motor vehicles when:
a. Reasonable suspicion exists to believe the operator or
passengers are in possession of illegal narcotics; or
b. During a valid vehicle stop, the canine is used to sniff the
vehicle's exterior in an exploratory manner. Unless the canine
alerts to the vehicle, the operator may not be detained longer
than necessary to conclude the business associated with the
initial stop.
TRACKING
Police canines are available with supervisory approval to track missing
persons or suspects, or to locate evidence that the supervisor has reason
to believe has been abandoned or hidden in a specified open area. Such
searches are subject to the following conditions and limitations:
1. When officers are pursuing suspects and contact with the suspect
is lost, the officer, prior to summoning a canine team shall:
a. stop and pinpoint the location where the suspect was last
seen
b. shut off engines of vehicles in the area if possible; and
c. avoid vehicle or foot movement in the area where the suspect
or subject was last seen.
OPS-07.6
2. Canines used for tracking persons shall remain on a leash of
sufficient length to provide a reasonable measure of safety to the
subject of the search without compromising the canine's tracking
abilities.
3. When used to locate small children, unless there is a reasonable
suspicion of foul play or a reasonable belief that serious bodily
injury or death will occur if the child is not located immediately, the
search shall be conducted on -leash. If circumstances are such that
an off -leash search is necessary, the canine officer shall explain the
risks of apprehension to the parents or next of kin and their
approval obtained to use the dog.
4. Canine teams should not be used to apprehend or locate persons
suspected to be under the influence of alcohol or drugs or the
mentally disturbed, if no other crime is involved, unless the person
poses an immediate significant threat of death or serious physical
injury to an officer or others.
G. CANINE USE
1. Teasing, agitating or roughhousing with a police canine is strictly
prohibited unless performed as part of a training exercise.
2. Handlers shall not allow anyone to touch, pet or hug their canine
without their permission and immediate supervision. Should a
civilian express a desire to do so, they should be informed that
police canines are working dogs and they can be dangerous if
improperly approached.
H. OUTSIDE USE OF CANINES
1. Handlers will not offer or provide the services of the police canine
for use to any outside agency without supervisor approval. The on -
duty shift supervisor will make the decision and grant or deny
approval for the K-9 unit to respond to the requesting agency. The
supervisor will consider the current availability of units within the
city prior to authorizing the use of the unit outside the city.
2. Emergency requests for the canine unit which occur when the
canine unit is off -duty, will be cleared by the watch commander and
coordinated with the canine unit.
CANINE USE AND CARE
Police canines are the sole property of the Iowa City Police Department
and assigned to the selected officer(s) as a law enforcement tool. The
canine officer has assigned responsibilities to maintain the animal,but the
animal may be reassigned at the discretion of the Chief of Police. _
1. Police canines shall not be used for breeding, participation in
shows, field trials, exhibitions or demonstrations without prior
approval of the Chief of Police or his/her designee... )
2. Canine handlers are personally responsible for the daily care and
feeding of the their animal including, but not limited to:
a. maintenance and cleaning of the kennel and yard area where
the canine is housed;
OPS-07.7
b. provision of food, water and general diet maintenance as
prescribed by the departmentally authorized veterinarian;
c. grooming on a daily basis, or more often as required by
weather, working conditions or other factors;
d. daily exercise (police canines are not permitted to run at large
unless performing police duties, i.e. training, under the direct
control of the handler);
1) when someone other than the handler is exercising or
otherwise handling the canine in public, the canine shall
be muzzled.
e. general medical attention and maintenance of health care
records.
The kennel area of the officer's residence is subject to inspection by the
Chief of Police or his/her designee without notice. Any records pertaining
to the canine which are housed at the officer's home are also subject to
review and inspection without notice.
VETERINARY SERVICE
A licensed veterinarian will be chosen by the City to supply such
veterinary services as needed. Periodic examinations will be arranged by
the veterinarian for the canine. All medical treatments will be administered
through the veterinarian's orders. In an extreme emergency the handler
may utilize the nearest available veterinarian. The handler will notify the
City veterinarian as to the illness or injury of the canine, and treatment
given, as soon as possible.
K. REFRESHER TRAINING
In order to continually develop the skills learned in the initial training, the
canine handler and canine shall complete a minimum of 16 hours of
refresher training each month. The canine supervisor shall arrange for
periodic training to include re -certification of specific skills at designated
periods. The primary responsibility of maintaining the working capabilities
of the canine will remain with the handler. The canine handler shall
forward documentation of all training to the department's training officer.
L. The department shall enhance the effectiveness of canine training and the
reliability of court testimony by utilizing controlled substances in the
training process. The following procedures shall be utilized for the use of
controlled substances as canine training aids:
A. Controlled substances used for canine training shall be obtained
from the Drug Enforcement Administration (D.E.A.) Special Testing
and Research Laboratory or Iowa City Evidence Custodian. The
current D.E.A. procurement process will be followed when'obtaining
evidence from the D.E.A. All documentation relating" to the
procurement shall be preserved to enable tracking at a later; date.
OPS-07.8
B. All controlled substances obtained for canine training shall be
stored in a dedicated safe in a secure locker when not in use for
training. Only the canine officer, and the canine supervisor shall
have access to the safe.
C. The canine officer will maintain a log of the controlled substances
that will be stored in the dedicated safe. The log will document all
chain of custody events concerning the use of the controlled
substances.
D. In the event the training controlled substances become lost, stolen,
damaged, spilled, or unusable, the canine handler will complete an
interdepartmental memorandum explaining the incident. This
report will be forwarded to the canine supervisor who will notify the
Captain of Field Operations,
E. The canine supervisor shall conduct semiannual inspections of the
training controlled substances. A report of the semiannual
inspections will be submitted to the Captain of Field Operations and
the Departmental memorandum. The report will include the weight
and condition of each controlled substance and include reference to
any occurrence of lost, stolen, damaged, spilled, or unusable
substances since the last inspection.
F. Random inspections may also be undertaken by the canine
supervisor, Captain of Field Operations, or chief of police designee.
G. Once a controlled substance is no longer usable for training, D.E.A.
and departmental procedures for documenting controlled substance
destruction shall be followed.
H. Any requests for the replacement for controlled substances will
follow the current D.E.A. or Departmental procurement process -
whichever is applicable.
Bill Campbell, Interim Chief of Police
OPS-07.9
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
I
Iowa City Police Department
Standard Operating Guideline
SOG #:
Effective date:
16-03
October 20, 2016
Subject:
Reference:
Fire Prevention Plan
C.A.L.E.A. 71.4.2
Section:
Issue #:
OPS
1
Command Signature:
Interim Chief Bill Campbell
Purpose
The purpose of this policy is to establish
possibility of occurrence of a fire and will
occur.
Policy
agency -wide guidelines that will reduce the
minimize the risk to personnel should a fire
The Department shall maintain all facilities that it occupies in a manner that will minimize the
risk of fire.
�1
Procedures
It is the responsibility of each employee to be familiar with and comply with the Fire
Prevention Plan guidelines. supervisors shall ensure that individuals under their supervision
are familiar with and adhere to this policy.
Nightly Closing Checks for Evidence. Animal Center, and Members assigned
to an Office
- Turn off all heat -producing devices such as coffee pots, toasters, space heaters,
etc.
- Turn off all electrical equipment that does not require continuous power (i.e.,
radios, televisions, lab equipment, power equipment in maintenance areas)
- Ensure that all equipment that requires continuous power is operating properly (i.e.,
not overheating)
- Ensure that combustible materials are not stored near any heat -producing
equipment.
- Turn off all unnecessary lighting. If lighting is required for security or safety
reasons, ensure that no combustible material is stored near or attached to the
lighting device.
- Ensure that all hazardous material and hazardous waste containers are properly
sealed/closed and stored.
Smoking
Smoking is prohibited in all City vehicles and City buildings including parking lots, sidewalks,
steps and grounds of City buildings.
Open Flames
Open flames such as candles are prohibited.
General Storage
This section pertains to any room or building used for the storage of ordinary
combustibles for temporary, long-term, or permanent storage.
- Ordinary combustible materials must be separated from other hazardous materials
such as flammables, corrosives, explosives, and oxidizers.
- Stored materials must be kept at least three (3) feet from any heat source.
- Storage areas must remain neat and orderly.
- Aisles in any room used for storage must have adequate width to allow for evacuation
and for firefighters to gain access to the most remote area of the room.
- Items stored on shelves must be maintained at least 18 inches below the sprinklers.
- Storage must not block fire extinguishers, fire alarm pull stations or visual indicators
(strobes), emergency or exit lighting, access to evacuation routes, the exit door, emergency
equipment, or entry of emergency personnel.
- Doors to storage rooms must remain closed except when entering or leaving the room.
- Smoking in not permitted in any storage area.
- All storage areas and office spaces must be maintained in a neat and orderly fashion.
- Ordinary combustibles must not be stored in flammable liquid storage cabinets
- Flammable storage areas must be at least fifty (50) feet from open flames or other heat
source.
Electrical Safetv
Only authorized and approved agency employees or contractors may work ort electrical
wiring
or electrical equipment.
Power strips that incorporate overcurrent protection may be used provided that the device
UL-listed and plugged directly into a permanently installed receptacle.
Extension cords, with appropriate ratings for their intended use, are permitted under the
following conditions.
Extension cords are used only to power portable appliance/equipment.
A grounded (3-prong) extension cord shall be used when powering grounded (3-prong)
equipment.
Extension cords are of sufficient capacity for the equipment to be powered.
Extension cords shall power only non -heat producing devices.
Extension cords must be in good repair and shows no sign of wear, defects, bulging,
exposed wire, or other damage.
Extension cords shall not be connected or spliced together.
Extension cord placement shall not create a trip hazard.
Extension cords shall not be affixed to walls, run through walls, ceiling or floors, or run
under doors.
Extension cords are not to be located in areas or near any substance that could cause
deterioration of the extension cord.
Power cords shall be inspected on a regular basis. Equipment with damaged
power cords shall be immediately taken out of service until the cord has been
repaired. Power cords may not be repaired with electrical tape.
Electrical Panels must meet the following requirements:
- Be accessible to the area occupants in case of emergency.
- At a minimum, be unobstructed 36 inches around the panel.
- Have the panel cover and panel door securely in place and closed.
- Have all breakers and main switches clearly marked as to the equipment or area(s) that
the serve.
- Have removed breakers or switches covered with an appropriate "blank."
- Be clearly identifiable as an electrical panel. Do not cover or paint electrical panels.
Electrical Panels must not:
Be locked.
Have the breakers, disconnects, etc., taped or otherwise secured/locked in the `ON'
position.
Have any work performed on the panel unless the work is performed by an approved
and authorized electrician or contractor.
All electrical outlets, switches, and junction boxes must:
- Have an approved cover plate securely fastened to the outlet box, switch, orjunction box.
- Have cover plates replaced when broken or missing.
- Be protected by a Ground Fault Circuit Interrupter (GFCI) if the device located within six
(6) feet of a water source.
- No combustible material will be stored within 3 feet of any equipment iri,an electrical room.
The following guidelines pertain to space heaters: "
- The heater must be listed by an approved agency such as Underwriters, Laboratory (UL
listed).
- Have a safety tip -over shutoff device.
- Have thermostatic control.
- The heater must be in good repair and have a cord long enough to reach the
electrical outlet. Extension cords must not be used with space heaters.
- The heater must be kept three (3) feet from any combustible material.
The placement of the heater must not create a tripping or evacuation hazard.
Fire/smoke-rated doors must not be blocked open in order to better distribute heat.
The heater must be unplugged when not in use or if the space will be left
unattended for extended period of time such as at night and on weekends.
Cooking Safety
Cooking is permitted only in kitchen areas. With the exception of microwaves, toaster
ovens, and coffee pots, no other cooking device is authorized for use outside of kitchens.
Keep all areas around cooking equipment (i.e., toaster ovens/coffee pots) free from
combustible material.
Cooking appliances must not be powered by extension cords.
All portable cooking appliances must be checked at the end of the day to ensure that they
are "off" or unplugged.
Barbecue Grills (Gas and Charcoal)
Barbeque grills are not permitted for use inside of any buildings.
Barbeque grills must not be used within twenty (20) feet of a building when there is a door,
window, air intake vent, or other means for smoke or flames to enter the building.
All gas lines, valves, and connections on gas grills must be periodically checked for
leakage. If a leak is detected, the grill must be immediately taken out of service until
repaired.
Prior to disposal, charcoal must either be left in the grill or be thoroughly soaked in water
until cold to the touch. Do not place any used charcoal in a dumpster, compactor, or trash
receptacle.
Keep combustible materials at least twenty (20) feet from the grill.
Do not use a grill within twenty-five (25) feet of outdoor hazardous material, storage,
dispensing, or use areas.
5
Fire Detection. Alarm, and Suppression Systems a
Installed systems must not be tampered with in any way. i
Tampering is defined as:
- Any intentional or malicious activation of a fire system when there is no emergency.
- The intentional deactivation of a fire system either by disconnecting, breaking or
removing devices, wiring, or other components.
Falsely reporting the activation of a fire system.
No part of a fire system must be obstructed at any time.
The area around the fire alarm pull stations must remain clear.
Fire alarm bells/horns/strobes must not be visually blocked, muffled, or muted.
Smoke/heat/beam detectors must not be covered.
Storage must not come within 18 inches of sprinklers.
Nothing may be hung from or wrapped around any fire system device or piping. This
includes wires and cable.
Fire department connections/standpipes must not be obstructed at any time. A 36"
clearance around the connections must be maintained at all times.
Only authorized personnel, or their designated contractor, may conduct testing, maintenance,
or repair of fire systems.
Fire extinguishers
The Day Watch Commander will assign personnel to check each extinguisher at least
once per month. This check shall include:
Ensuring that the extinguisher is in its designated location.
Verifying that the extinguisher is not obstructed.
Checking the needle is in the 'green', indicating that the extinguisher is properly charged.
Checking to see that the safety pin is in place and that the retaining clip is intact.
Checking the extinguisher for any physical damage.
Documentation of prior completed inspections.
Replacement or recharging if necessary
Operations of Fire Extinguishers
If safe to do so, employees may attempt to extinguish small fires using fire extinguishers.
The basic steps to affectively use a fire extinguisher can be remembered by the acronym
PASS:
Pull the safety pin from the handle. It will be necessary to break the plastic seal.
Aim the extinguisher at the base of the flame.
Squeeze the handle all the way down to release the agent.
Sweep the agent across the base of the fire with a side -to -side motion. Be sure to cover
the entire base of the fire.
Upon discharge of an extinguisher:
Notify the on duty supervisor to arrange for delivery of a charged, replacement
extinguisher.
Extinguishers shall not be returned after extinguishing a fire. If an extinguisher is discharged,
even for a few seconds it shall be replaced.
Corridors and Egress Routes
No corridor, aisle way, or component of a means of egress may be obstructed at any time.
Wires, cables, or extension cords must not be laid across corridors, aisles, or pathways.
Exit doors must remain unlocked during hours in which the building is occupied.
Fire Lanes
Fire lanes must remain clear at all times in order to allow unrestricted access by emergency
services. Do not park, even temporarily, in any fire lane.
Iowa City Police Department
Standard Operating Guideline
SOG #:
Effective date:
01-17
Se tember 16, 2016
Subject:
Reference: MISSING PERSONS,
MISSING PERSONS
MISSING/RUNAWAY JUVENILES,
INVESTIGATIONS
Section:
Issue #:
1
Command Signature:
Original Issue Date:
Interim Chief Troy Kelsay
DECEMBER 11, 2001
Purpose: The purpose of this guide is to establish responsibilities and guidelines for the
investigation of missing persons. It is the policy of the Iowa City Police Department that all
reports of missing persons be given full consideration and attention by members of this
department to include careful recording and investigation of factual circumstances
surrounding the disappearance in accordance with this policy, and that particular care be
exercised in instances involving missing children and those who may be mentally or
physically impaired or others who are insufficiently prepared to take care of themselves.
Definitions:
Procedures: Missing person reports shall be taken in accordance with the Code of
Iowa, Chapter 694.1, 694.2, 694.3, 694.4, 694.5, 694.6 and 694.10. The following
guide should be adhered too to the extent necessary.
1. Reporting/Classification of Missing Person
a. There is no waiting period for reporting a missing person. Missing person
reports shall be taken in -person or by telephone in conformance with the criteria
of this policy and the criticality of the incident.
b. A person may be declared "missing" when his/her whereabouts is unknown and
unexplainable for a period of time that is regarded by knowledgeable parties as
highly unusual or suspicious in consideration of the subject's behavior patterns,
plans or routine.
c. Persons may be entered into the "Iowa System" when the following definition is
met. "A missing person is defined as a person of any age who is missir;g:
1. Under proven physical or mental disability.
2. Under circumstances indicating that the disappearance was not'voluntary. 3
3. After a catastrophe."
d. A person entry can also be made on a minor if he/she:
�. Has been abducted by a non -custodial parent;
2. Is lost or has wandered away;
3. Is an un-emancipated juvenile who does not fit into any other missing person
category.
2. Initial
a. The initial report taker must gather as much information as possible in order to
determine if the person is missing or missing due to "suspicious" circumstances.
This includes but is not limited to the following information:
�. Name, age and physical description of the subject and relationship of the
reporting party to the missing person.
2. Time and place of last known location and the identity of anyone
accompanying the subject.
3. The extent of any search for the subject.
4. Whether the subject has been missing on prior occasions and the degree to
which the absence departs from established behavior patterns, habits or
plans.
a) Whether the individual has been involved recently in domestic incidents;
suffered emotional trauma or life crises; demonstrated unusual,
uncharacteristic or bizarre behavior; is dependent on drugs or alcohol or
has a history of mental illness.
b) The current physical condition of the subject and whether the person is
currently on prescription medication.
b. If the missing person is a child, inquiry should also determine if the child;
t- is or maybe with any adult who could cause him/her harm;
2. may have been the subject of a parental abduction;
3. has previously run away from home, has threatened to do so or has a history
of explainable or unexplainable absences for extended periods of time.
3. Preliminary Investigation
The preliminary investigation is intended to gather additional information and to take
those steps that will aid in the search and location of a missing person. This
includes gathering the following types of information and materials:
a. Complete description of the subject and a recent photograph.
b. Details of any physical or emotional problems.
c. Identity of the last persons(s) to have seen the subject as well as friends,
relatives, coworkers or associates who were or may have been in contact with
the subject prior to disappearance.
d. Plans, habits, routines and personal interests of the subject including places
frequented or locations of particular personal significance.
e. If the person has a vehicle or there is a missing vehicle obtain vehicle and plate
information.
f. Indications of missing personal belongings, particularly money ar'd other
valuables. If the person has access to credit cards, obtain available information
and check on recent use and location of use. -
g. Any indications of criminal activity or accident.
h. In the case of a missing juvenile, officers shall be particularly cognizant of
information that may suggest the potential for parental abduction, as well as the
possibility of stranger abduction, as well as:
1. the presence of behavioral problems;
2. past instances of running away;
3. signs of an abusive home environment or dysfunctional family situation;
4. whether the child is believed to be with adults who may pose a danger; and
5. the name and location of the school attended by the child and any persons
who may be responsible for private transportation to and from the location;
6. when possible officers should gain permission to search a missing child's
home and school locker, as appropriate;
7. when there are indications of a non -parental abduction, a check of the Sexual
Offender Registry should be initiated. If there is an offender's address in
close proximity to the last known location of the child and/or the home
residence of the child, an officer should be sent to check the address.
8. If a determination is made that the child was a probable victim of an
abduction, and the child is not located within an hour of this determination, the
watch supervisor shall contact the Commander of Field Operations or
designee and the Investigative Lieutenant or designee. An Incident
Commander will be designated.
i. Upon verification of a missing person, a missing person report shall be
completed and appropriate entries made in state and national information
databases in accordance with established procedures (e.g.: NCIC and the
National Center for Missing and Exploited Children)
j. Determine the need for outside resources. In consultation with the Watch
Commander, the media may be notified for assistance in locating the person.
Also outside law enforcement agencies may be notified and their assistance
requested in searching for the person.
��. ...� :..s
'1
i �- _
ments, rather than aonfliets vAth
Ongoti
Ongoing investigations of missing persons may include but not be limited to the
following actions and activities.
a. Request release of dental records and any fingerprints available.
b. Contact hospitals for injured/ill persons fitting the description of the missing
person.
C. Thoroughly check the location at which the missing person was last seen and
conduct interviews as appropriate with persons who were with the individual or
who may work in or frequent the area.
d. Conduct interviews with any additional family, friends, work associates,
schoolmates and teachers as well as school counselors and social case workers
as appropriate.
e. Provide identification and related information to appropriate law enforcement
agencies.
f. Decisions to use local media to help locate missing persons shall be made with
the approval Commander of Field Operations or designee and the missing
person's family.
g. The lead investigator shall maintain routine on -going contact with the missing
person's family concerning progress of the investigation. These and other
involved individuals shall be informed that they must notify the Department as
soon as any contact is made with the missing person.
5. Recovery of Missing Persons
a) Competent adults having left for a personal reason(s) cannot be forced to return.
Officers locating such individuals should:
1. advise them that they are the subject of a missing person investigation;
2. ask if they desire the reporting party or next -of -kin to be notified of their
whereabouts; and
3. make provisions to forward this information to the reporting party or
next -of -kin if permitted by the missing person.
b) In all cases, reporting parties shall be informed of the well-being of located
missing persons. Unless criminal or medical matters necessitate other action,
desires of missing persons not to reveal their whereabouts shall be honored.
c) In cases involving juveniles, officers shall ensure:
1. the juvenile receives any necessary medical treatment in a timely manner;
2. initial questioning of the youth identifies the circumstances surrounding the
child's disappearance, any individuals who may be criminally responsible
and/or whether an abusive or negligent home environment was a contributory
factor; and
3. that parents, guardians and/or the person reporting the missing youth are
notified in a timely manner.
d) Upon location of a missing person, all agencies and information systems
previously contacted for assistance will be notified or updated. Entries
pertaining to the missing person will be canceled.
e) Where indicated, follow-up action shall include filing of reports with appropriate
agencies (i.e. DHS).
f) Where indicated, consult with the County Attorney's office reference the filing of
criminal charges.
r
a
r
Prepared by: Kellie Fruehling, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319)356-5043
RESOLUTION NO. 17-93
RESOLUTION APPROVING THE BY-LAWS
OF THE COMMUNITY POLICE REVIEW BOARD AND
RESCINDING RESOLUTIONS 15-222 AND 16-201.
WHEREAS, the by-laws of the Community Police Review Board have not been updated
since June 2016; and
WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and
actions of the commission by having more flexibility and bringing further clarity to the
absence policy (Article III, Section 4); and
WHEREAS, the Community Police Review Board recommended at their February 14,
2017 Commission meeting to approve the amended by-laws; and
WHEREAS, the proposed by-laws have been reviewed by the Council Rules
Committee, and are recommended for adoption; and
WHEREAS, the by-laws were approved previously in Resolutions 15-222 and 16-201.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that:
1. Resolutions 15-222 and 16-201 are hereby rescinded.
2. The by-laws of the Community Police Review Board, attached hereto and
incorporated by reference herein, are approved and adopted by the City Council.
Passed and approved this Ott, day of April 2017.
ATTESTA i pri-�
'CITY CLERK
M OR
Approved By:
3 aI
City Attorney's Office
Resolution No,
Page 2
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS
ABSENT: ABSTAIN:
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
IOWA CITY
COMMUNITY POLICE
REVIEW BOARD
BY-LAWS
(Revised 04/04117, Res. 17-93 )
BY-LAWS
IOWA CITY COMMUNITY
POLICE REVIEW BOARD
ARTICLE I. AUTHORITY
The Community Police Review Board formerly known as the Citizens Police Review Board
(hereafter referred to as the Board) shall have that authority which is conferred by Chapter 8 of
the City Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated
herein.
ARTICLE II. PURPOSE
The purpose of the by-laws stated herein is to provide for the general welfare of the Iowa City
community by establishing a Board to advise the Police Chief, City Manager and City Council on
matters pertaining to the policies, practices and overall performance of the Iowa City Police
Department. Further, in an effort to assure that the Iowa City Police Department's performance is
in keeping with community standards, this Board is created to review investigations into
complaints of police misconduct to insure that such investigations are conducted in a matter which
is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with
an annual report on all such complaints.
ARTICLE III. MEMBERSHIP:
Section 1. Qualifications. The Board shall consist of five (5) members appointed by the City
Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria
contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall
include one current or former "peace officer" as that term is defined by state law. The City Council
may waive the residency requirement for good cause shown and may waive the requirement that
the Board include one current or former "peace officer' for good cause shown.
Section 2. Compensation. Members shall serve without compensation, but may be reimbursed
for expenses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Board, the
written policies of the Iowa City Police Department, the Board by-laws, open records law, open
meetings law and other documentation that would be useful to Board members in carrying out
their duties. They shall also be given an orientation briefing by the appropriate City staff and the
Board as is deemed appropriate.
Section 4. Absences. The Board may recommend to the City Council that the City Council
discharge any Board member who: (1) is absent from two consecutive regular or special meetings
without excuse as determined by the Board on a case by case basis; or (2) is absent from four
consecutive regular or special meetings, whether excused or unexcused; or (3) is absent from at
least four out of six consecutive regular or special meetings, whether excused or unexcused.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness,
disqualification or removal shall be filled by the City Council after at least 30 days public notice of
the vacancy.
E
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter
8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four
years, with terms expiring on July 1. If a position becomes vacant by reason of resignation or
otherwise, and results in an unexpired term of six months or less, the Council may choose to fill
the unexpired term in such a manner that the appointee shall continue in the position not only
through the unexpired term, but also through a subsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended
departure.
ARTICLE IV. OFFICERS
Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, each
of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all
members as soon as practicable after formation of the Board, and thereafter annually at the first
regular meeting in October each year; if the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint
committees, call special meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death, inability
or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of
each month. This meeting time may be rescheduled upon agreement by a majority of the Board.
Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be
called by the Chairperson or Vice Chairperson at the request of three or more Members of the
Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given
to each Member and the media.
Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included
on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion
of non -agenda items.
Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting.
Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City.
Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon
notice not less than twenty-four (24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 7. Proxies. There shall be no vote by proxy.
Section 8. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 9. Motions. Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 10. Exparte Contacts. A member who has had a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact, name the other party and share
specifics of the contact, copies if in writing or a synopsis if verbal.
Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter
about to come before the Board shall state the reason for the conflict of interest, leave the room
before the discussion begins, and return after the vote.
Section 12. Voting. A majority vote is required for adoption of any motion, except for a motion to
close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will
be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required
to cast a vote upon each motion. A member who abstains shall state the reason for abstention.
Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govern the Board in all cases to which they are applicable and in which they
are not inconsistent with these bylaws and any special rules or order the Board may adopt.
ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES:
The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City.
ARTICLE VII. PUBLIC RECORDS• EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of investigations, statements and other documents or records
obtained in investigation of any complaint shall be closed records unless a public hearing
is held or a contrary determination is made by Counsel to the Board pursuant to the
provisions of the Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the Iowa
Code shall be closed records.
(c) No member of the Board or of its staff shall disclose information protected by the Iowa
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent
the Board from releasing such information concerning alleged or acknowledged practices
to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of
its required annual report or otherwise. This section does not prevent any complainant,
witness or other person from publicizing the filing of a complaint or the matter therein com-
plained of. Violation of these provisions by a member of the Board or its staff shall
constitute grounds for removal.
ARTICLE VIII. CONDUCT OF BOARD BUSINESS
Section 1. Agenda. The Chairperson, or a designated representative, together with staff
assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24
hours before the meeting and shall be sent to Board members and the media prior to meetings.
Copies will be available to the public at the meeting.
Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City
Council members. Specific recommendations requiring Council action are to be set off from the
main body of the minutes and appropriately identified.
Section 3. Review Policy. The Board shall review all policies and programs of the City relating to
the Board's duties as stated herein, and make such recommendations to the City Council as are
deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information, requests for
recommendations, and other matters are referred to the Board by the City Council. The Board will
initiate consideration of each item at the next regular Board meeting and shall notify Council of its
disposition.
Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared
by the Chairperson, approved by the Board, and submitted to the City Council.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Board including composition, duties, and terms shall be as designated
by the Chairperson.
ARTICLE X. AMENDMENTS:
These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative
vote of not less than three members of the Board at any regular meeting or at any special meeting
called for that purpose. Amendments shall become effective after approval by the City Council.
February 14, 2017
sCMCPRBlbylaws d.c
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
February 2017
Date Description
None
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
March 2017
Date Description
None
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
April 2017
Date Description
None
May 9, 2017 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #17.01
Filed: 03/30/17
Chief's report due (90 days): 06/28/17
Chief's report filed: ??/??/17
------------------------------------------------------------- -------------------
CPRB meeting #1 (Review): ??/??/17
CPRB meeting #2 (Review): ??/??/17
CPRB report due (90 days): ??/??/17
TENTATIVE MEETING SCHEDULE
June 13, 2017
July 11, 2017
August 8, 2017
September 12, 2017